Kaufman v. FS Tenant Pool III Trust

Appellant, Marilyn Kaufman, as attorney in fact for her mother, Jeanne Yelnick, appeals the trial court’s order dismissing her case with prejudice for failure to appear at a case management conference. We hold that Kaufman’s failure to attend the conference must have been willful to warrant dismissal. As such, we reverse and remand to give the trial court the opportunity to support its order dismissing the underlying case with evidence of willful and contumacious failure to attend the court-mandated case management conference, or in the alternative, to allow the matter to proceed.

Kaufman,…