Florida District Courts of Appeal, 1993

Fernandez v. Dollar Systems, Inc.

Fernandez v. Dollar Systems, Inc.
Florida District Courts of Appeal · Decided April 20, 1993 · Cope, Nesbitt, Schwartz
617 So. 2d 389; 1993 Fla. App. LEXIS 4470; 18 Fla. L. Weekly Fed. D 1035 (Southern Reporter, Second Series)

Fernandez v. Dollar Systems, Inc.

Opinion of the Court

PER CURIAM.

We find no abuse of discretion in the order under review and affirm it insofar as it dismisses the action of Jorge Fernandez against Dollar Rent A Car Systems, Inc., and Dollar Systems, Inc. We strike that part of the order which dismisses the action against Sundance Carriage Corp. Sun-dance was voluntarily dismissed by plaintiff Fernandez prior to entry of the final order in this case. As modified, the order is affirmed.

NESBITT and COPE, JJ., concur.

Dissenting Opinion

SCHWARTZ, Chief Judge

(dissenting).

Because I believe that the sanction of dismissal far exceeded the offense of not paying $315.00 in attorney’s fees, I would reverse the judgment below. See Mome-*390nah v. Ammache, 616 So.2d 121 (Fla. 2d DCA 1993); Smalley v. Layne, 428 So.2d 298 (Fla. 3d DCA 1983); W.S. Gilbert, The Mikado, Act II.

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