U.S. BANK NATIONAL ASSOCIATION, ETC., APPELLANT,
v.
MICHAEL W. MARTINEZ, ET AL., APPELLEES
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The appellate court reversed a trial court's denial of a motion to set aside a dismissal. The dismissal was due to counsel's failure to appear at a case management conference, and the appellate court found that the trial court erred by not holding an evidentiary hearing and by not finding the failure to appear was willful or aggravated before imposing the harshest sanction of dismissal.
Yes, the trial court erred. The Bank's motion presented prima facie grounds to set aside the dismissal, and the court should have held an evidentiary hearing before denying it, especially since dismissal requires a finding of willful or aggravated conduct.
[1] Dismissal of an action is the harshest of all sanctions, requiring the trial court to find that the party's actions were willful, flagrant, deliberate, or otherwise aggra…
[2] A trial court errs by summarily denying a motion to set aside a dismissal when the motion sets forth prima facie grounds for relief.
Previewing 2 of 4 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“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.”
Establishes the high standard required before dismissal can be used as a sanction.
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Join FLexlaw to unlock all legal intelligenceU.S. Bank National Association's foreclosure action was dismissed because its counsel failed to appear at a case management conference. The Bank moved…
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' U.S. Bank National Association, etc. (“the Bank”), appeals the trial court’s denial of its motion to set aside an order dismissing its foreclosure action. The trial court dismissed the Bank’s action because of the failure of its counsel to appear at a case management conference. In its motion to set aside the' dismissal, the Bank asserted that counsel’s failure to appear was because either the notice for the case management conference had not been received or, alternatively, the notice had not been calendared. A supporting affidavit was attached to the motion. The Bank’s motion was denied without an evidentiary hearing. We reverse.
Florida Rule of Civil Procedure 1.200(c) provides that if a party fails to attend either a pretrial or case management conference, the court may “dismiss the action, strike the pleadings, limit proof or witnesses, or take any other appropriate action.” However, the sanction must be commensurate with the offense. Drakeford v. Barnett Bank of Tampa, 694 So.2d 822, 824 (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. Additionally, the Bank’s motion set forth prima facie grounds to set aside the dismissal. See Ocwen Loan Servicing, LLC v. Brogdon, 185 So.3d 627, 628 (Fla. 5th DCA 2016) (reversing trial court’s dismissal of foreclosure complaint without prejudice, where counsel’s failure to appear at hearing due *109to inadvertent secretarial error amounted to excusable neglect under Florida Rule of Civil Procedure 1.640(b)). Accordingly, it was error for the trial court to summarily deny the Bank’s motion.
REVERSED and REMANDED.
ORFINGER and COHEN, JJ., concur.
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Deutsche Bank v. Sombrero Beach Road, 260 So. 3d 424 (Fla. 3d DCA 2018)…d their response in opposition to Deutsche Bank’s exceptions to the special master’s recommendation of dismissal. action, strike the pleadings, limit proof of witnesses, or take any other appropriate action.”); U.S. Bank Nat’l Ass’n v. Martinez, 188 So. 3d 107, 108 (Fla. 5th DCA 2016) (recognizing that in order to dismiss an action under rule 1.200(c) for failure to attend a pre-trial conference, “the trial court must explicitly find that the party’s actions were willful, flagrant, deliberate, or other…
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Pipeline Constructors, Inc. v. The Transition House, Inc., 257 So. 3d 606 (Fla. 1st DCA 2018)
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Special K Invs., Inc. v. Meiman, 197 So. 3d 1245 (Fla. 3d DCA 2016)…1.200(c). However, “[b]e-cause 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.” U.S. Bank Nat’l Assoc, v. Martinez, 188 So. 3d 107, 108 (Fla. 5th DCA 2016); see also Jenkins v. Allstate Prop. & Cas. Ins. Co., 185 So. 3d 675 (Fla. 2d DCA 2016); Giemme USA, LLC v. La Sala Group, Inc., 92 So. 3d 920 (Fla. 4th DCA 2012); Paris Int'l Records & Filmworks, Inc. v. Rodriguez, 539 So. 2…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Walter H.C. Drakeford v. Barnett Bank OF Tampa, 694 So. 2d 822 (Fla. 2d DCA 1997)
- Purse v. State, 185 So. 3d 627 (Fla. 5th DCA 2016)
- Ocwen Loan Servicing, LLC v. Timber Courtney Brogdon, 185 So. 3d 627 (Fla. 5th DCA 2016)
- Bendary Fugnole v. Crumbly Bros., Inc., 899 So. 2d 1262 (Fla. 2d DCA 2005)
- Petersen & Hawthorne, P.A. v. EMI Enters., Inc., 115 So. 3d 1064 (Fla. 4th DCA 2013)
- Ceophia S. Perkins v. Jacksonville Hous. Auth., 175 So. 3d 948 (Fla. 1st DCA 2015)