Legal Opinion

Greenhill v. Shands Teaching Hospital & Clinics, Inc.

District Court of Appeal of Florida

Decided December 19, 2002No. 1D01-1520PublishedCited by 4 opinions

1Per curiam

The appellants challenge an order by which their medical malpractice action was dismissed, upon a finding that they failed to comply with a pretrial conference order. As indicated in cases such as Commonwealth Federal Savings & Loan Ass’n v. Tubero, 569 So.2d 1271 (Fla.1990), dismissal is a severe sanction which should be used only in extreme circumstances. Tubero reiterated the description of such circumstances in Mercer v. Raine, 443 So.2d 944 (Fla.1983), referring to a deliberate and contumacious disregard of the court’s authority, or bad faith, willful disregard or gross indifference, or…

2Cases cited3 opinions

  1. Mercer v. RaineSupreme Court of Florida · 1983
  2. Commonwealth Fed. Sav. & Loan Ass'n v. TuberoSupreme Court of Florida · 1990
  3. First Fairway Condominium I Ass'n v. Gulfstream Roofing, Inc.District Court of Appeal of Florida · 1997

3Cited by4 opinions

  1. Rohlwing v. MYAKKA RIVER REAL PROPERTIESDistrict Court of Appeal of Florida · 2004
  2. Ceophia S. Perkins v. Jacksonville Housing AuthorityDistrict Court of Appeal of Florida · 2015
  3. Oluwabukola Olawoye and Mulikatou Disu v. Olufisayo ArubuolaDistrict Court of Appeal of Florida · 2016
  4. BRADLEY ENGLE v. MICHELLE K. ENGLEDistrict Court of Appeal of Florida · 2019

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