Perez v. Unger

SCHWARTZ, Chief Judge.

We hold that the trial court abused its discretion in dismissing the pro se plaintiffs claim with prejudice for his failure to appear at the calendar call and for trial, in the light of the undisputed fact that Perez was then an incarcerated state prisoner who was totally unable to attend. Leone v. Florida Power Corp., 567 So.2d 992 (Fla. 1st DCA 1990); Clay v. City of Margate, 546 So.2d 434 (Fla. 4th DCA 1989), rev. denied, 553 So.2d 1164 (Fla.1989); Zafirakopoulous v. South Miami Int’l Crabhouse, Inc., 513 So.2d 1353 (Fla. 3d DCA 1987); Schemer v. Peck, 405 So.2d 1033…