Legal Opinion

Merl v. Jeffrey S. Weiner, P.A.

District Court of Appeal of Florida

Decided April 2, 2014No. 3D13-302Published

1Opinion of the CourtSalter, J.

Daryl Merl appeals a final order dismissing his complaint with prejudice based on his delays in filing an amended complaint, his “history of sanctions by the Florida Bar and ultimate disbarment,” and conclusions regarding the factors set forth in Kozel v. Ostendorf, 629 So.2d 817 (Fla. 1993) (enumerating factors to be assessed when considering dismissal with prejudice as a sanction; ultimately quashing such an order in that particular case). We reverse and remand the case to the trial court for further proceedings.

Mr. Merl’s pro se complaint alleged that two attorneys and their law firm…

2Cases cited3 opinions

  1. Kozel v. OstendorfSupreme Court of Florida · 1994
  2. Sekot Laboratories, Inc. v. GleasonDistrict Court of Appeal of Florida · 1991
  3. Kruger v. KrugerDistrict Court of Appeal of Florida · 2013

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