Florida District Courts of Appeal, 1986

Garland v. Dixie Ins. Co.

Florida District Courts of Appeal · Decided September 17, 1986 · Per Curiam

495 So. 2d 785; 11 Fla. L. Weekly 1986 (Southern Reporter, Second Series)

Cases that cite this one

9 later published cases cite this decision.

Gardner v. Moving Cost, Inc. (Fla. Dist. Ct. App. 2011)
Martha A. Thomas and Archibald Johns Thomas, III, Esquire v. Cyprex Holdings, LLC, and Turnkey Asset Management & Maintenance, Inc. (Fla. Dist. Ct. App. 2026)
NEIL LONDON v. JOHN TEMERIAN (Fla. Dist. Ct. App. 2018)
Martinez v. Collier County Public Schools (Fla. Dist. Ct. App. 2002)
Adlington v. FLORIDA PAROLE COM'N (Fla. Dist. Ct. App. 2002)
HOBE SOUND RESTAURANT CORP., INC. v. Slater (Fla. Dist. Ct. App. 1998)
Passori v. Passori (Fla. Dist. Ct. App. 1994)
Feldman v. Renault Motors (Fla. Dist. Ct. App. 1989)
STATE, DEPT. OF ENV. REG. v. Chemairspray, Inc. (Fla. Dist. Ct. App. 1988)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

495 So.2d 785 (1986)

Ruby GARLAND, Appellant,
v.
DIXIE INSURANCE CO., a Foreign Corporation, Appellee.

No. 4-86-0802.

District Court of Appeal of Florida, Fourth District.

September 17, 1986.Rehearing Denied October 31, 1986.

Steven D. Miller of Mark Marks, P.A., North Miami, for appellant.

Steven R. Berger of Steven R. Berger, P.A., Miami, and Pomeroy, Pomeroy & Pomeroy, Fort Lauderdale, for appellee.

PER CURIAM.

We reverse the order dismissing plaintiff's complaint without prejudice, for failure of her counsel to appear at a scheduled pretrial conference, upon the authority of Beasley v. Girten, 61 So.2d 179 (Fla. 1952) and Crystal Lake Golf Course v. Kalin, 252 So.2d 379 (Fla. 4th DCA 1971).

Dismissal of the complaint was too severe a sanction in this matter because the record does not show willful or intentional disregard of the trial court's order. However, this reversal is without prejudice to the entry of a lesser sanction against plaintiff or her counsel.

REVERSED and REMANDED.

GLICKSTEIN and DELL, JJ., concur.

LETTS, J., dissents without opinion.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.