CHARLOTTE TAYLOR, APPELLANT,
v.
CITY OF LAKE WORTH AND CITY COMMISSION OF LAKE WORTH; GARY R. NIKOLITS, AS PROPERTY APPRAISER OF PALM BEACH COUNTY, FLORIDA; ANNE M. GANNON, AS TAX COLLECTOR OF PALM BEACH COUNTY, FLORIDA; AND LISA ECHEVERRI, AS EXECUTIVE DIRECTOR OF THE FLORIDA DEPARTMENT OF REVENUE; VALUE ADJUSTMENT BOARD OF PALM BEACH COUNTY; AND PALM BEACH COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, APPELLEES
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Appellant Charlotte Taylor, pro se plaintiff below, appeals a final order dismissing her complaint with prejudice against ap-pellee, the City of Lake Worth. We reverse because the order does not contain an express written finding of willful noncompliance for dismissal pursuant to Florida Rule of Civil Procedure 1.420(b). See Cummings v. Warren Henry Motors, Inc., 648 So.2d 1230, 1232 (Fla. 4th DCA 1995) (stating “a dismissal of an action as a sanction for violating an order of the court is error where the court fails to make an express written finding of a party’s willful or deliberate refusal to obey a court order”) (citing J.E.I. Airlines, Inc. v. Britton, Cassel, Schantz & Schatzman, P.A., 605 So.2d 1009 (Fla. 4th DCA 1992); Commonwealth Fed. Sav. & Loan Ass’n v. Tubero, 569 So.2d 1271 (Fla.1990)); Johnson v. Skarvan, 27 So.3d 178, 179 (Fla. 5th DCA 2010) (reversing dismissal of pro se plaintiffs complaint when order did not contain explicit findings).
Reversed and remanded.
STEVENSON, CIKLIN, JJ., and MORGAN, DAVID C., Associate Judge, concur.
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Schindler v. The Bank OF NEW York Mellon Tr. Co., 190 So. 3d 102 (Fla. 4th DCA 2015)…o exercising its discretion to grant dismissal based on failure to comply with a court order, the court must make a finding that the failure to comply was willful or contumacious.” Townsend, 659 So. 2d at 1219; see also Taylor v. City of Lake Worth, 125 So. 3d 267, 267 (Fla. 4th DCA 2013) (reversing order dismissing complaint with prejudice “because the order does not contain an- express written finding of willful- noncompliance for dismissal pursuant to [rule] 1.420(b)”); Cummings v. Warren Henry Motors, Inc…
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Authorities Cited
- Commonwealth Fed. Sav. & Loan Ass'n v. Moshe Tubero, 569 So. 2d 1271 (Fla. 1990)
- Edwards Cummings v. Warren Henry Motors, Inc., 648 So. 2d 1230 (Fla. 4th DCA 1995)
- J.E.I. Airlines, Inc. v. Britton, Cassel, Schantz & Schatzman, P.A., 605 So. 2d 1009 (Fla. 4th DCA 1992)
- Johnson v. Skarvan, 27 So. 3d 178 (Fla. 5th DCA 2010)