TOWNHOUSES AT JACARANDA CONDOMINIUM ASSOCIATION, INC., APPELLANT,
v.
CRAIN ATLANTIS ENGINEERING, INC., ALBERT R. CAPELLINI, P.E., JM CONSTRUCTION MANAGEMENT, INC., I.P.Q. CONSTRUCTION, INC. AND NEEDHAM RE-ROOFING, INC., APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The trial court's dismissal of the case was improper because it failed to articulate findings warranting the extreme sanction of dismissal for a procedural error.
Appellant failed to attach certain exhibits to its second amended complaint within the time allowed by the court's order. The trial court dismissed th…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Dismissal With Prejudice cases and more on FLexlaw
We reverse the trial court’s order of dismissal of appellant’s case, which the court dismissed because appellant had failed to attach certain exhibits to its second amended complaint within the time allowed by the original order requiring their attachment.1
*570Dismissal was improper' because the trial court failed to articulate findings warranting the extreme sanction of dismissal for this procedural error. See Kozel v. Ostendorf, 629 So.2d 817, 818 (Fla. 1994); Buroz-Henriquez v. De Buroz, 19 So.3d 1140, 1141-42 (Fla. 3d DCA 2009).
Moreover, the court’s choice to dismiss the case, rather than impose a lesser sanption, was too severe a sanction. Under nearly identical circumstances in Town of Manalapan v, Florida Power & Light Co,, 815 So.2d 670 (Fla. 4th DCA 2002), we held that dismissal with prejudice was too severe a sanction. There, the plaintiff had still not filed an amended complaint more than a year after an order dismissing the initial complaint gave the plaintiff thirty days to do so. Id. at 671. Here, where the delay in filing was not nearly so .long, the sanction of dismissal is also too severe.
. Accordingly, we reverse the order dismissing the,suit and remand for further proceedings. On remand, the trial court may consider imposition of other, lesser sanctions for the failure to timely file the exhibits to the complaint.
MAY, J., and GILLEN, JEFFREY DANA, Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Thomas v. Cyprex Holdings, LLC (Fla. 5th DCA 2026)
Authorities Cited
- Carolann D. Kozel v. Ostendorf, 629 So. 2d 817 (Fla. 1993)
- Totura & Co., Inc. v. Williams, 754 So. 2d 671 (Fla. 2000)
- Town OF Manalapan v. Fla. Power & Light Co., 815 So. 2d 670 (Fla. 4th DCA 2002)
- Sanchez v. Brink's Inc., 19 So. 3d 1140 (Fla. 3d DCA 2009)
- Reynaldo Buroz-Henriquez v. Rocio Mata de Buroz, 19 So. 3d 1140 (Fla. 3d DCA 2009)