J.B. Muros Corp. v. International Mall, Inc.
District Court of Appeal of Florida
1Per curiam
Appellant seeks review of an order dismissing its complaint with prejudice, striking its answer to appellee’s counterclaim, and entering a judgment in favor of the appellee. Subsequent to this litigation being set for a non-jury trial, counsel for appellant J.B. Muros Corporation failed to appear at this case’s call of the calendar. Under such circumstances, it may be appropriate for a trial judge to impose sanctions against an attorney, but we must conclude that the ultimate sanction of dismissing a party’s complaint is too severe unless it is apparent from the record that indeed the client…
2Cases cited3 opinions
- Travelers Ins. Co. v. RodriguezDistrict Court of Appeal of Florida · 1978
- First Republic Corp. of America v. HayesDistrict Court of Appeal of Florida · 1983
- Masons Concrete of Crystal River, Inc. v. Corbin Well Pump & Supply, Inc.District Court of Appeal of Florida · 1978
3Cited by3 opinions
- Arango v. AlvarezDistrict Court of Appeal of Florida · 1991
- Blanco v. Allstate Insurance Co.District Court of Appeal of Florida · 1990
- DHSMV v. BrandenburgDistrict Court of Appeal of Florida · 2004