Florida District Courts of Appeal, 1989

Lukowsky v. Hauser & Metsch, P.A.

Lukowsky v. Hauser & Metsch, P.A.
Florida District Courts of Appeal · Decided May 2, 1989 · Barkdull, Hubbart, Jorgenson
541 So. 2d 1368; 14 Fla. L. Weekly 1082; 1989 Fla. App. LEXIS 2342; 1989 WL 43351 (Southern Reporter, Second Series)

Lukowsky v. Hauser & Metsch, P.A.

Opinion of the Court

PER CURIAM.

Rebecca Lukowsky appeals the dismissal of her legal malpractice action for failure to appear at a pretrial status conference. The record before us does not support a finding that Lukowsky exhibited a deliberate and contumacious disregard of the trial court’s authority which would warrant the drastic sanction of dismissal. Mercer v. Raine, 443 So.2d 944 (Fla. 1983). We reverse and remand to the trial court for further proceedings which may include the imposition of lesser sanctions.

Reversed and remanded.

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