THOMAS B. MATTHEWS, AS ASSIGNEE OF ROBERT L. JACKSON, APPELLANT,
v.
DAVIS E. CHAFFEE, APPELLEE
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Thomas B. Matthews appeals the dismissal of his amended complaint for failing to comply with a ten-day filing deadline set by the trial court. The court reverses and remands because the dismissal order, though a severe sanction, lacked an explicit finding of willful noncompliance required by Florida law.
The trial court's dismissal order was deficient because it failed to make an explicit finding of willful noncompliance or deliberate disregard of the court's prior order. Dismissal with prejudice is a severe sanction that may only be imposed in extreme circumstances and requires such an explicit finding.
[1] Dismissal with prejudice is a severe sanction that should only be employed in extreme circumstances.
[2] A trial court must make an explicit finding of willful noncompliance or deliberate disregard before dismissing a case with prejudice as a sanction for failing to comply w…
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Join FLexlaw to unlock all legal intelligence“Dismissal with prejudice is a severe sanction that should only be employed in extreme circumstances.”
Establishes the high bar for imposing dismissal with prejudice as a sanction
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Join FLexlaw to unlock all legal intelligenceRobert L. Jackson filed a four-count complaint in August 1998 against Davis E. Chaffee. In February 2001, the trial court dismissed count three with p…
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FULMER, Judge.
Thomas B. Matthews appeals from an order dismissing his amended complaint with prejudice because Matthews failed to comply with the time limit set by the trial court for fifing the amended complaint. We reverse and remand for further proceedings because the order of dismissal does not make an explicit finding of willful noncompliance with the court’s prior order. On August 28, 1998, Robert L. Jackson filed a four-count complaint seeking damages from Davis E. Chaffee and The Safety Harbor Group, Inc. The defendants moved to dismiss based on insufficient service of process, failure to state a cause of action, and failure to prosecute. In January 2001, Jackson filed a motion for substitution of parties, requesting the trial court to substitute Thomas B. Matthews as the plaintiff because Jackson had assigned his rights to Matthews. In February 2001, after a hearing, the trial court entered an order dismissing count three with prejudice and dismissing counts one, two, and four with leave to amend within ten days.
Matthews filed an amended complaint in March 2002, alleging breach of contract solely against Chaffee. Chaffee responded with a motion to dismiss, asserting as grounds: (1) that Matthews failed to comply with the February 2001 order by fifing his amended complaint within ten days; (2) that Matthews failed to prosecute for over one year, and therefore dismissal was proper under Florida Rule of Civil Procedure 1.420(e); and (3) that both counts failed to state a cause of action. Matthews submitted an affidavit of Jackson addressing the delay. After a hearing, the trial court entered an order dismissing the complaint with prejudice, which stated: “Plaintiff admits failure to comply with this Court’s order regarding the fifing of an amended complaint within the time specified in the Court’s last order dismissing his complaint, and failed to present sufficient evidence to justify the one year delay in fifing an amended pleading.”
On appeal, Matthews contends that the trial court’s order is deficient in that it dismissed his complaint as a sanction for failure to comply with the ten-day time restriction in the prior order and did so without making an express finding that noncompfiance was willful or in deliberate disregard of the court’s prior order. We agree. Dismissal with prejudice is a se vere sanction that should only be employed in extreme circumstances. See Commonwealth Fed. Sav. & Loan Ass’n v. Tubero, 569 So. 2d 1271, 1272 (Fla.1990). Such orders are reviewed for an abuse of discretion. Id. at 1273. Where a trial court exercises that discretion, the trial court must make an explicit finding of willful noneompliance or deliberate disregard. Id.; see also Marr v. State Dep’t of Transp., 614 So. 2d 619 (Fla. 2d DCA 1993). The court’s order in this case falls short of making the necessary finding to justify dismissal with prejudice.
Accordingly, we reverse and remand for the trial court to reconsider the motion to dismiss and, if appropriate, to make an explicit determination whether Matthews willfully failed to comply with the February 2001 order. Reversed and remanded.
CASANUEVA and CANADY, JJ„ Concur.
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Rohlwing v. Myakka River Real Props., Inc., 884 So. 2d 402 (Fla. 2d DCA 2004)…CA 1999). We reverse and remand for the trial court to reconsider the motion to dismiss and, should the court conclude that dismissal with prejudice is again warranted, to make the explicit determinations mandated by Kozel. See Matthews v. Chaffee, 849 So. 2d 483, 485 (Fla. 2d DCA 2003). The court has other remedies, such as a fine, public reprimand, or even a contempt order, to punish counsel’s conduct if merited, without punishing the innocent client. Carr v. Reese, 788 So. 2d 1067, 1071 (Fla. 2d DCA 2001)…
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Sonny BOY, L.L.C. v. Bhagwan Asnani, 879 So. 2d 25 (Fla. 5th DCA 2004)…of associations, personal liability should be premised on malfeasances which parallel director-appointed directors, only if the actions or inactions are willful and knowing. . See §§ 718.111(l)(a); 718.113(1), Fla. Stat. . See Matthews v. Chaffee, 849 So. 2d 483 (Fla. 2d DCA 2003) (absent findings of willful noncompliance, court abuses its discretion in dismissing with prejudice); Gamma Dev. Corp. v. Steinberg, 621 So. 2d 718, 719 (Fla. 4th DCA 1993) (abuse of discretion to dismiss complaint unless it appea…
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Michael J. Kinney, M.D. v. R.H. Halt Assocs., Inc., 927 So. 2d 920 (Fla. 2d DCA 2006)…e for failure to comply with court orders consequently infringes upon this basic right in all but the most extreme and egregious circumstances. See Commonwealth Fed. Sav. & Loan Ass’n v. Tubero, 569 So. 2d 1271, 1272 (Fla.1990); Matthews v. Chaffee, 849 So. 2d 483, 484-85 (Fla. 2d DCA 2003). For this reason, explicit findings of willful or flagrant disregard are absolutely essential. Matthews, 849 So. 2d at 485. Here, the trial court found that Dr. Kinney had willfully disregarded orders, but those findings w…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Commonwealth Fed. Sav. & Loan Ass'n v. Moshe Tubero, 569 So. 2d 1271 (Fla. 1990)
- Marr v. State, 614 So. 2d 619 (Fla. 2d DCA 1993)