Cole v. Hill

Bernes, Judge.

In this personal injury case, Joseph T. Cole, Sr. appeals from the trial court’s order requiring him to pay $500 in attorney fees due to his failure to appear for two scheduled depositions and the subsequent dismissal of his lawsuit due to his failure to comply with the court-ordered sanction. Because Cole was not afforded a hearing prior to the imposition of attorney fees and the dismissal of his case, we reverse.

The record shows that in May 2005, Cole filed suit against Hill, seeking the recovery of damages allegedly sustained as a result of an automobile accident. Hill…