RONALD W. HOUCHINS AND MARTHA ROMERO-HUERTAS, APPELLANTS,
v.
STATE FARM INSURANCE COMPANY, APPELLEE
RONALD W. HOUCHINS AND MARTHA ROMERO-HUERTAS, APPELLANTS,
STATE FARM INSURANCE COMPANY, APPELLEE
881 So. 2d 62
Florida District Court of Appeal, Fourth District (2004)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Appellants argue the trial court’s dismissal of their complaint for failing to attend calendar call or obtain substitute counsel as ordered by the court was error because the court failed to make a finding that appellants’ failure to comply was willful or contumacious. Appellee agrees and concedes error. We therefore reverse and remand for further proceedings. See Townsend v. Feinberg, 659 So. 2d 1218, 1219 (Fla. 4th DCA 1995) (“Prior to exercising its discretion to grant dismissal based on failure to comply with a court order, the court must make a finding that the failure to comply was willful or contumacious.”).
GUNTHER, WARNER and HAZOURI, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Boca Burger, Inc. v. Forum, 912 So. 2d 561 (Fla. 2005)…v. Serv. Mgmt. Sys. & Gallagher Bassett Servs., Inc., 890 So. 2d 1239 (Fla. 1st DCA 2005); Sherwood v. Quietwater Entm’t, Inc., 888 So. 2d 734 (Fla. 1st DCA 2004); Alpert v. Alpert, 886 So. 2d 999 (Fla. 2d DCA 2004); Houchins v. State Farm Ins. Co., 881 So. 2d 62 (Fla. 4th DCA 2004); Dellicarpini v. Kerr, 873 So. 2d 536 (Fla. 4th DCA 2004); Gundotra v. Gundotra, 859 So. 2d 533 (Fla. 4th DCA 2003), review dismissed, 872 So. 2d 899 (Fla.2004); Christ v. Christ, 854 So. 2d 244 (Fla. 1st DCA 2003); Burton v. Bur…
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Dixon v. Fednat Ins. Co. (Fla. 4th DCA 2022)…to exercising its discretion to grant dismissal based on failure to comply with a court order, the court must make a finding that the failure to comply was willful or contumacious.”) (internal citation omitted); Houchins v. State Farm Ins. Co., 881 So. 2d 62, 62 (Fla. 4th DCA 2004) (“Appellants argue the trial court’s dismissal of their complaint for failing to attend calendar call or obtain substitute counsel as ordered by the court was error because the court failed to make a finding that appellant…
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Dixon v. Fednat Ins. Co. (Fla. 4th DCA 2022)…rior to exercising its discretion to grant dismissal based on failure to comply with a court order, the court must make a finding that the failure to comply was willful or contumacious.”) (internal citation omitted); Houchins v. State Farm Ins. Co., 881 So. 2d 62, 62 (Fla. 4th DCA 2004) (“Appellants argue the trial court’s dismissal of their complaint for failing to attend calendar call or obtain substitute counsel as ordered by the court was error because the court failed to make a finding that appellants’…
Authorities Cited
- Townsend v. Feinberg, 659 So. 2d 1218 (Fla. 4th DCA 1995)