RAUL H. PEREZ, APPELLANT,
v.
HUGH S. UNGER, M.D., ET AL., APPELLEES

Fla. 3d DCA | 1990-12-11
No. 90-1148
Before SCHWARTZ, C.J., and HUBBART and COPE, JJ.
571 So. 2d 67 Florida District Court of Appeal, Third District (1990) Positive Treatment
Cited by 4 cases
Topics
Abuse Of Discretion

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Opinion of the Court
SCHWARTZ, Chief Judge.

SCHWARTZ, Chief Judge.

We hold that the trial court abused its discretion in dismissing the pro se plaintiffs claim with prejudice for his failure to appear at the calendar call and for trial, in the light of the undisputed fact that Perez was then an incarcerated state prisoner who was totally unable to attend. Leone v. Florida Power Corp., 567 So. 2d 992 (Fla. 1st DCA 1990); Clay v. City of Margate, 546 So. 2d 434 (Fla. 4th DCA 1989), rev. denied, 553 So. 2d 1164 (Fla.1989); Zafirakopoulous v. South Miami Int’l Crabhouse, Inc., 513 So. 2d 1353 (Fla. 3d DCA 1987); Schemer v. Peck, 405 So. 2d 1033 (Fla. 4th DCA 1981).

Accordingly, the judgment under review is reversed. In accordance with Perez’s specific request, the cause is remanded with directions to set the cause for an expeditious trial, forty-five days or more from the return of the mandate. Perez represents that, if granted this relief, he will be able to secure transportation or otherwise adhere to the requirements for the prosecution of his case, so that if he does not do so with respect to the forthcoming trial, his action will be subject to final dismissal.

Reversed and remanded with directions.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Smith v. ST. VIL, 765 So. 2d 60 (Fla. 4th DCA 2000)
    …constitute a departure from the essential requirements of law and cause irreparable injury that cannot be remedied on final appeal. We recognize that the petitioner’s incarceration may impede his ability to participate in trial. See Perez v. Unger, 571 So. 2d 67 (Fla. 3d DCA 1990)(reversing trial court’s dismissal of an incarcerated plaintiffs claim for his failure to attend calendar call and trial where plaintiff was unable to attend due to his incarceration but indicating that plaintiffs action was subjec…
  • Perez v. Hugh S. Unger, M.D., 591 So. 2d 1154 (Fla. 3d DCA 1992)
    …PER CURIAM. In a previous appeal, the plaintiff represented to this court that he would “adhere to the requirements for the prosecution of his case.” See Perez v. Unger, 571 So. 2d 67 (Fla.3d DCA 1990). In addition, the plaintiff was warned that the action would be dismissed if he did not meet the requirements. Accordingly, we affirm. See Arango v. Alvarez, 585 So. 2d 1131 (Fla.3d DCA 1991). Affirmed.…

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