SPECIAL K INVESTORS, INC., ETC., APPELLANT,
v.
RICHARD MEIMAN, ET AL., APPELLEES
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The court held that dismissal is the harshest sanction and requires a finding of willful, flagrant, or aggravated conduct by the party or counsel.
Special K Investors, Inc. appealed an order dismissing its action because its counsel failed to appear for a case management conference.…
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Special K Investors, Inc. appeals an order that dismissed its action against Richard Meiman and other defendants.1 We reverse.
The trial court dismissed the case against Richard Meiman and the remaining defendants because Special K’s counsel failed to appear for a case management conference. A trial court may dismiss an action for a party’s failure to appear at a scheduled case management conference. Fla. R. Civ. P. 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.2d 5 (Fla. 3d DCA 1989). The record in this case does not contain any evidence that counsel’s failure to appear at the case management conference was willful, flagrant or deliberate.
Accordingly, we reverse the judgment of dismissal and remand for further proceedings.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Paris Int'l Records & Filmworks, Inc. v. Rodriguez, 539 So. 2d 5 (Fla. 3d DCA 1989)
- U.S. Bank Nat'l Ass'n v. Martinez, 188 So. 3d 107 (Fla. 5th DCA 2016)
- Giemme USA, LLC v. LA Sala Grp., Inc., 92 So. 3d 920 (Fla. 4th DCA 2012)
- Ralph J. Banks v. State of Fla. Dep't OF Revenue, 92 So. 3d 920 (Fla. 4th DCA 2012)
- Jenkins v. Allstate Prop. & Cas. Ins. Co. & Allstate Ins. Co., 185 So. 3d 675 (Fla. 2d DCA 2016)