Weissman v. Chubb & Son, Inc.
Weissman v. Chubb & Son, Inc.
Opinion of the Court
Appellant, Carl Weissman, seeks reversal of a final judgment and final order of dismissal entered against him as a sanction due to his counsel’s failure to appear at trial.
It appears that Weissman’s malpractice suit was set for trial on a two week docket beginning February 28, 1983. The case was not reached during the first week but on Tuesday, March 8, the trial judge’s judicial assistant
The case law generally supports the proposition that dismissal as a sanction should be imposed only for wilfull disobedience of a court’s order or in other similarly extreme situations. Lifeguard Corp. v. U.S. Home Corp., 429 So.2d 94 (Fla. 2d DCA 1983); Smalley v. Layne, 428 So.2d 298 (Fla. 3d DCA 1983); Johnson v. Landmark Nat. Bank, 415 So.2d 161 (Fla. 4th DCA 1982). Cf. State v. Alfonso, 433 So.2d 1357 (Fla. 4th DCA 1983).
While conceding that the evidence does not demonstrate any wilfullness on the part of appellant’s counsel, appellees suggest that counsel should not have acted
Accordingly, the judgment appealed from is reversed and the cause is remanded with directions to reinstate the cause and proceed to trial.
REVERSED AND REMANDED, with directions.
. In the Seventeenth Judicial Circuit judges’ secretaries are denominated judicial assistants.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.