JOSEPH TURANO, APPELLANT,
v.
MICHAEL PIRATES WORLD, INC., APPELLEE
JOSEPH TURANO, APPELLANT,
MICHAEL PIRATES WORLD, INC., APPELLEE
659 So. 2d 1275
Florida District Court of Appeal, Third District (1995)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Appellant Joseph Turano, defendant below, appeals an order striking his pleadings and entering judgment against him on the issue of liability after his counsel failed to appear at a pretrial conference. We reverse because we find that this sanction was too severe to visit upon a litigant where, as here, the record is completely devoid of any evidence reflecting counsel’s wilful or flagrant disregard of the court’s authority. Paris Int’l Records & Filmworks, Inc. v. Rodriguez, 539 So. 2d 5 (Fla. 3d DCA 1989); Aller v. Editorial Planeta, S.A., 389 So. 2d 321 (Fla. 3d DCA 1980).
Reversed and remanded for further proceedings.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Fla. Lime Growers, Inc. v. Bloomer Plastics, Inc., 665 So. 2d 1151 (Fla. 3d DCA 1996)…1 So. 2d 562, 564 (Fla. 3d DCA 1982). Based upon our review of the record, the imposition of this ultimate sanction by the court below was far too severe a response to the appellants’ transgressions. See, e.g., Turano v. Michael Pirates World, Inc., 659 So. 2d 1275 (Fla. 3d DCA 1995); Coppola v. McNab, 540 So. 2d 242 (Fla. 4th DCA 1989). We therefore reverse the amended final judgment and direct the court to reinstate appellants’ pleadings for proceedings consistent with this opinion. Reversed and remanded…
Authorities Cited
- Aller v. Editorial Planeta, S.A., 389 So. 2d 321 (Fla. 3d DCA 1980)
- Paris Int'l Records & Filmworks, Inc. v. Rodriguez, 539 So. 2d 5 (Fla. 3d DCA 1989)