Davis v. Freeman

ERVIN, Judge.

In this consolidated appeal, Davis has filed both interlocutory and final notices of appeal and contends that the lower court abused its discretion in dismissing his action as a sanction for his failure to attend a deposition. We agree and reverse and remand.

Although the order does not state whether the dismissal was “with prejudice”, we shall construe the order as a final judgment of dismissal. See Peaslee v. Michalski, 167 So.2d 242 (Fla.2d DCA 1964). And, while it could be colorably argued that the dismissal here is analogous to a dismissal for failure to prosecute, which is a…