CEOPHIA S. PERKINS, APPELLANT,
v.
JACKSONVILLE HOUSING AUTHORITY, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Florida appellate court reversed dismissal of breach of contract and negligence complaint because the trial court failed to make explicit findings that the party's failure to appear at a case management conference was willful, flagrant, or deliberate before imposing the harshest sanction of dismissal.
A dismissal sanction under Florida Rule of Civil Procedure 1.200(c) for failure to attend a case management conference must be reversed if the trial court does not explicitly find the party's conduct was willful, flagrant, deliberate, or otherwise aggravated.
[1] Dismissal of an action as a sanction for failure to attend a case management conference requires explicit findings that the party's conduct was willful, flagrant, deliber…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the court may dismiss the action, strike the pleadings, limit proof or witnesses, or take any other appropriate action”
Florida Rule of Civil Procedure 1.200(c) provides the range of sanctions available for failure to attend a case management conference.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceCeophia Perkins failed to appear for a scheduled case management conference on April 30, 2015, and the trial court dismissed her complaint for breach …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Sanctions For Failure To Appear cases and more on FLexlaw
Ceophia Perkins appeals an order dismissing, without prejudice, her complaint for breach of contract and negligence against the Jacksonville Housing Authority. The trial court dismissed- Perkins’ complaint as a sanction for failing to appear for a case management conference on April 30, 2015.
Florida Rule of Civil Procedure 1.200(c) provides that if a party fails to attend a scheduled case management conference after reasonable notice, “the court may dismiss the action, strike the pleadings, limit proof or witnesses, or take any other appropriate action.” Because dismissal of an action is “the harshest of all sanctions,” see Dedmon v. Kelly, 60 So.3d 585, 587 (Fla. 4th DCA 2011), the court must explicitly find the party’s actions were willful, flagrant, deliberate, or otherwise aggravated. See Greenhill v. Shands Teaching Hasp. & Clinics, Inc., 834 So.2d 896, 896 (Fla. 1st DCA 2002); accord Dedmon, 60 So.3d at 587; Fugnole v. Crumbly Bros., Inc., 899 So.2d 1262, 1263 (Fla. 2d DCA 2005). A dismissal order that does not contain such a finding must be reversed. See Greenhill, 834 So.2d at 896 (citing Commonwealth Fed. Savings & Loan Ass’n v. Tubero, 569 So.2d 1271 (Fla.1990)). The order dismissing Perkins’ complaint lacks the requisite finding; for that reason, we reverse the order and remand the case to the trial court.
REVERSED and REMANDED.
ROBERTS, C.J., MARSTILLER, and MAKAR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
U.S. Bank Nat'l Ass'n v. Martinez, 188 So. 3d 107 (Fla. 5th DCA 2016)…24 (Fla. 2d DCA 1997). Because dismissal of an action is “the harshest of all sanctions,” the trial court must explicitly find that the party’s actions were willful, flagrant, deliberate, or otherwise aggravated. Perkins v. Jacksonville Hous. Auth., 175 So. 3d 948 (Fla. 1st DCA 2015); see also Petersen & Hawthorne, P.A. v. EMI Enters., Inc., 115 So. 3d 1064, 1064-65 (Fla. 4th DCA 2013); Fugnole v. Crumbly Bros., Inc., 899 So. 2d 1262, 1263 (Fla. 2d DCA 2005). In the instant case, no such findings were made. A…
-
Pipeline Constructors, Inc. v. The Transition House, Inc., 257 So. 3d 606 (Fla. 1st DCA 2018)
-
Little v. Turnbow (Fla. 5th DCA 2024)…in dismissing the action, “must explicitly find that the party’s actions were willful, flagrant, deliberate, or otherwise aggravated.” U.S. Bank Nat’l Ass’n v. Martinez, 188 So. 3d 107, 108 (Fla. 2010) (quoting Perkins v. Jacksonville Hous. Auth., 175 So. 3d 948, 948 (Fla. 1st DCA 2015)). The final order of dismissal in the instant case contained no such findings. In fact, the unchallenged and uncontroverted evidence before the trial court at the hearing held on the rule 1.540(b) motion to vacate this dis…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Commonwealth Fed. Sav. & Loan Ass'n v. Moshe Tubero, 569 So. 2d 1271 (Fla. 1990)
- Bendary Fugnole v. Crumbly Bros., Inc., 899 So. 2d 1262 (Fla. 2d DCA 2005)
- Greenhill v. Shands Teaching Hosp. & Clinics, Inc., 834 So. 2d 896 (Fla. 1st DCA 2002)
- Dedmon v. Kelly, 60 So. 3d 585 (Fla. 4th DCA 2011)