Legal Opinion

Freiheit v. Tamarac Lakes North Ass'n

District Court of Appeal of Florida

Decided February 10, 1993No. 92-0824Published

1Opinion of the Court

WILLIAM C. OWEN, Jr., Senior Judge.

Appellant’s lawsuit was dismissed with prejudice after appellant’s trial counsel, Ms. Kleinfeld, was, for the second time, absent from court during the jury trial of this cause. We reverse.

On the first occasion of counsel’s absence, the fourth day of trial, the court proceedings were delayed several hours until the court was notified of counsel’s illness. The trial was recessed until February 6th, a period of three weeks. During that interim the court held a hearing to determine the reason for counsel’s failure to appear. She offered what the court…

2Cases cited4 opinions

  1. Beasley v. GirtenSupreme Court of Florida · 1952
  2. World on Wheels of Miami, Inc. v. INTERN. AUTO MOTORS, INC.District Court of Appeal of Florida · 1990
  3. Aller v. Editorial Planeta, SADistrict Court of Appeal of Florida · 1980
  4. First Union National Bank v. HartleDistrict Court of Appeal of Florida · 1991

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