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
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.
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