Christel Plaza Corp. v. Southern Skating, Inc.

District Court of Appeal of Florida

Christel Plaza Corp. v. Southern Skating, Inc.

829 So. 2d 382, 2002 Fla. App. LEXIS 16084, 2002 WL 31465740

District Court of Appeal of Florida·Decided November 6, 2002·No. No. 3D01-1993·Published

Opinion

PER CURIAM.

This is an appeal from a dismissal of an intervention action for failure to timely file an amended complaint. Finding the dismissal too severe a sanction under the circumstances herein, which involved the actions of the intervener’s counsel and not his client, we reverse for reinstatement. See e.g. Town of Manalapan v. Florida Power & Light Co., 815 So.2d 670 (Fla. 4th DCA 2002); Rosenberg v. Miller, 453 So.2d 885 (Fla. 3d DCA 1984). Upon remand, the trial court may consider imposing a more appropriate sanction upon the attorney.

Reversed and remanded with directions to reinstate the action.

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PER CURIAM.

This is an appeal from a dismissal of an intervention action for failure to timely file an amended complaint. Finding the dismissal too severe a sanction under the circumstances herein, which involved the actions of the intervener’s counsel and not his client, we reverse for reinstatement. See e.g. Town of Manalapan v. Florida Power & Light Co., 815 So.2d 670 (Fla. 4th DCA 2002); Rosenberg v. Miller, 453 So.2d 885 (Fla. 3d DCA 1984). Upon remand, the trial court may consider imposing a more appropriate sanction upon the attorney.

Reversed and remanded with directions to reinstate the action.

Christel Plaza Corp. v. Southern Skating, Inc., 829 So. 2d 382, 2002 Fla. App. LEXIS 16084, 2002 WL 31465740 (Fla. Ct. App. 2002).

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