Leonardo v. Grimming

Florida District Courts of Appeal
Leonardo v. Grimming, 740 So. 2d 580 (1999)
1999 Fla. App. LEXIS 9841; 1999 WL 512129
Klein, Taylor, Warner

Leonardo v. Grimming

Opinion of the Court

PER CURIAM.

In this action for damages, at a case management conference, the trial court instructed the parties to “set down” a hearing in ten days. After the ten days expired, and no hearing had been “set down,” the trial court dismissed the case without prejudice, which may be the equivalent of a dismissal with prejudice because of the statute of limitations. We reverse the order because it does not contain “an express finding of a willful or deliberate refusal to obey a court order” which is a requisite for the sanction of dismissal. Commonwealth Fed. Sav. and Loan Ass’n v. Tubero, 569 So.2d 1271, 1272 (Fla. 1990). Nor do we think, even if there had been such a finding, dismissal would have been justified. Reversed.

WARNER, C.J., KLEIN and TAYLOR, JJ., concur.

Reference

Full Case Name
Carlo LEONARDO, as Personal Representative of the Estate of Joseph Leonardo v. Ronald GRIMMING, Director of Florida Highway Patrol
Cited By
1 case
Status
Published