Legal Opinion

J.B. Muros Corp. v. International Mall, Inc.

District Court of Appeal of Florida

Decided November 29, 1988No. 88-901PublishedCited by 3 opinions

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

  1. Travelers Ins. Co. v. RodriguezDistrict Court of Appeal of Florida · 1978
  2. First Republic Corp. of America v. HayesDistrict Court of Appeal of Florida · 1983
  3. Masons Concrete of Crystal River, Inc. v. Corbin Well Pump & Supply, Inc.District Court of Appeal of Florida · 1978

3Cited by3 opinions

  1. Arango v. AlvarezDistrict Court of Appeal of Florida · 1991
  2. Blanco v. Allstate Insurance Co.District Court of Appeal of Florida · 1990
  3. DHSMV v. BrandenburgDistrict Court of Appeal of Florida · 2004

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