McMillian v. State, Department of Corrections

The plaintiff in a wrongful death action appeals from the dismissal of her complaint without prejudice1 because of the failure to *1172make timely and appropriate discovery as required by the rules and prior order of court. Notwithstanding the often-expressed view of this court, to which we adhere, that such a remedy is not lightly to be invoked or approved, Velazquez v. Gaitan, 499 So.2d 66 (Fla. 3d DCA 1986); Smalley v. Layne, 428 So.2d 298 (Fla. 3d DCA 1983); Summit Chase Condominium Ass’n v. Protean Investors, Inc., 421 So.2d 562 (Fla. 3d DCA 1982); see Wallraff v. T.G.I. Friday’s, Inc., 490…