Florida District Courts of Appeal, 1995

Turano v. Michael Pirates World, Inc.

Turano v. Michael Pirates World, Inc.
Florida District Courts of Appeal · Decided August 30, 1995 · Goderich, Green, Nesbitt
659 So. 2d 1275; 1995 Fla. App. LEXIS 9127; 1995 WL 509285 (Southern Reporter, Second Series)

Turano v. Michael Pirates World, Inc.

Opinion of the Court

PER CURIAM.

Appellant Joseph Turano, defendant below, appeals an order striking his pleadings and entering judgment against him on the issue of liability after his counsel failed to appear at a pretrial conference. We reverse because we find that this sanction was too severe to visit upon a litigant where, as here, the record is completely devoid of any evidence reflecting counsel’s wilful or flagrant disregard of the court’s authority. Paris Int’l Records & Filmworks, Inc. v. Rodriguez, 539 So.2d 5 (Fla. 3d DCA 1989); Aller v. Editorial Planeta, S.A., 389 So.2d 321 (Fla. 3d DCA 1980).

Reversed and remanded for further proceedings.

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