McMillan v. Horan

The trial court’s order dismissing the plaintiffs complaint with prejudice for failure of the plaintiff to file an amended complaint within the time allotted by court order is reversed on the authority of Kozel v. Osten-dorf, 629 So.2d 817 (Fla.1994) (corrected opinion). That decision now requires a trial court to consider six factors prior to determining the appropriate sanction for a plaintiffs failure to amend within the time specified by court order. Any final dismissal of a defaulting plaintiff, or the record upon which it is based, should demonstrate that the decision to dismiss…