Robinson v. Allstate Insurance

Florida District Courts of Appeal
Robinson v. Allstate Insurance, 417 So. 2d 778 (1982)
1982 Fla. App. LEXIS 20738
Hubbart, Nesbitt, Schwartz

Robinson v. Allstate Insurance

Opinion of the Court

PER CURIAM.

The trial court dismissed the complaint when the plaintiff failed to appear for the taking of his second deposition. We find that dismissal was entirely too drastic a remedy to impose upon the plaintiff where the plaintiff allegedly had difficulty getting to the United States from Jamaica, the deposition was set after the cut-off date for completing discovery, and it was only eleven days prior to trial. See Santuoso v. McGrath & Associates, 385 So.2d 112 (Fla. 3d DCA 1980); Zayres Department Stores v. Fingerhut, 383 So.2d 262 (Fla. 3d DCA 1980).

Reversed and remanded.

Reference

Full Case Name
George ROBINSON, individually and as Personal Representative of the Estate of Jean Robinson v. ALLSTATE INSURANCE COMPANY, Morris Beck, Eugene Willard, Joyce Simmons, Charles Kreiker, Eutychus Rolle and Industrial Fire and Casualty Insurance Company
Cited By
3 cases
Status
Published