Cornelius v. Benefield

MAXWELL, J.,

specially concurring:

¶ 28. While I am not swayed by all parts of the majority’s analysis, after reviewing our supreme court’s decisions in Holder v. Orange Grove Medical Specialties, P.A.,4 and Hanson v. Disotell,5 I do agree that the judgment of dismissal must be affirmed. But much like Justice Pierce, who wrote separately in Holder, I too “have some discomfort with the decision of the trial court,” particularly since the cited delays here are relatively slight and Cornelius’s new counsel was working to move the case forward when it was dismissed. Holder, 54 So.3d at 201 (¶ 38)…