Flanzbaum v. Lounge

Florida District Courts of Appeal
Flanzbaum v. Lounge, 377 So. 2d 750 (1979)
1979 Fla. App. LEXIS 15940
Anstead, Dcccxxxiper, Downey, Glickstein

Flanzbaum v. Lounge

Opinion of the Court

PER CURIAM.

This case was dismissed with prejudice for failure of the appellants to comply with pretrial discovery orders of the trial court. Our review of the record reveals that the appellants were in substantial compliance with the discovery orders entered and that any failure to comply was due more to the withdrawal of counsel and appellants’ subsequent difficulties in securing representation than to appellants’ deliberate refusal to comply. Although such circumstances may well justify the imposition of sanctions against the appellants or their counsel, or both, we do not believe the drastic punishment of dismissal with prejudice was justified. Swindle v. Reid, 242 So.2d 751 (Fla. 4th DCA 1970). Accordingly, this cause is reversed and remanded for further proceedings not inconsistent herewith.

ANSTEAD and GLICKSTEIN, JJ., concur. DOWNEY, Chief Judge, dissents, with opinion.

Dissenting Opinion

DOWNEY, Chief Judge,

dissenting:

Certainly the sanctions imposed by the trial judge are drastic. However, the record supports the imposition of sanctions and I fail to find any demonstration of an abuse of discretion. Thus, I would affirm the order appealed from.

Reference

Full Case Name
Richard FLANZBAUM et ux. v. STANS LOUNGE
Cited By
1 case
Status
Published