Plorin v. Bedrock Foundation & House Leveling Co.

I dissent; there are multiple reasons why the ultimate sanctions of dismissal cannot stand in this case.1

*493The majority has wholly failed to note that Rule 215 is entitled and deals with “Sanctions ”; i.e., punishment for wilful misconduct. The majority has completely glossed over the undeniable fact that punishment has been imposed, it has failed to explicate why the conduct of Owners was misconduct; it has wholly failed to concern itself with the concept of wilfulness.

The proposition that penal statutes and regulations may not be extended by construction is too well established to argue. See,…