Marin v. Batista

At the combined pretrial conference and calendar call in the appellant’s re-plevin, malpractice and conversion suit, the trial court dismissed the appellant’s suit with prejudice, based upon findings of misconduct on the part of appellant’s counsel with respect to the “speedy and fair” resolution of the litigation. “Dismissal of an action is a drastic remedy which should be used only in extreme situations and upon a showing of deliberate and contumacious disregard of the trial court’s authority.” Beauchamp v. Collins, 500 So.2d 294, 295 (Fla. 3d DCA 1986), review denied, 511 So.2d 297…