State, Department of Highway Safety & Motor Vehicles v. Berg

The Florida Department of Motor Vehicles (DMV) challenges an order dismissing an action for lack of prosecution between DMV and petitioner Jason Berg and requiring DMV’s counsel to make a $250 donation to the Palm Beach County law library as a sanction for her failure to appear at a “status conference for lack of prosecution.” We affirm the dismissal, but reverse the order to the extent that it imposes a sanction upon counsel.

Here, after none of the parties or counsel attended a scheduled status conference, the trial court immediately entered an order dismissing the case for lack of…