Greenhill v. Shands Teaching Hospital & Clinics, Inc.
Cases that cite this one
4 later published cases cite this decision.
- Ceophia S. Perkins v. Jacksonville Housing Authority (Fla. Dist. Ct. App. 2015)
- BRADLEY ENGLE v. MICHELLE K. ENGLE (Fla. Dist. Ct. App. 2019)
- Oluwabukola Olawoye and Mulikatou Disu v. Olufisayo Arubuola (Fla. Dist. Ct. App. 2016)
- Rohlwing v. MYAKKA RIVER REAL PROPERTIES (Fla. Dist. Ct. App. 2004)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The appellants challenge an order by which their medical malpractice action was dismissed, upon a finding that they failed to comply with a pretrial conference order. As indicated in cases such as Commonwealth Federal Savings & Loan Ass’n v. Tubero, 569 So.2d 1271 (Fla. 1990), dismissal is a severe sanction which should be used only in extreme circumstances. Tubero reiterated the description of such circumstances in Mercer v. Raine, 443 So.2d 944 (Fla. 1983), referring to a deliberate and contumacious disregard of the court’s authority, or bad faith, willful disregard or gross indifference, or conduct which otherwise evinces deliberate callousness. Acknowledging the court’s discretion to sanction a party in these circumstances, Tubero requires that an order sanctioning a party by dismissal contain a finding which indicates that the party’s conduct was willful or deliberate. The appealed order in the present case does not contain such a finding, and in accordance with Tubero the order must be reversed. See, e.g., First Fairway Condominium I Ass’n v. Gulfstream Roofing, Inc., 701 So.2d 652 (Fla. 4th DCA 1997). The appealed order is therefore reversed and the case is remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.