Flanzbaum v. Lounge

District Court of Appeal of Florida

Flanzbaum v. Lounge

377 So. 2d 750, 1979 Fla. App. LEXIS 15940

CourtDistrict Court of Appeal of Florida

DecidedNovember 28, 1979

DocketNo. 77-1162

StatusPublished

Cited by1 cases

This text of 377 So. 2d 750 (Flanzbaum v. Lounge) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Flanzbaum v. Lounge, 377 So. 2d 750, 1979 Fla. App. LEXIS 15940 (Fla. Ct. App. 1979).

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PER CURIAM.

This case was dismissed with prejudice for failure of the appellants to comply with pretrial discovery orders of the trial court. Our review of the record reveals that the appellants were in substantial compliance with the discovery orders entered and that any failure to comply was due more to the withdrawal of counsel and appellants’ subsequent difficulties in securing representation than to appellants’ deliberate refusal to comply. Although such circumstances may well justify the imposition of sanctions against the appellants or their counsel, or both, we do not believe the drastic punishment of dismissal with prejudice was justified. Swindle v. Reid, 242 So.2d 751 (Fla. 4th DCA 1970). Accordingly, this cause is reversed and remanded for further proceedings not inconsistent herewith.

ANSTEAD and GLICKSTEIN, JJ., concur. DOWNEY, Chief Judge, dissents, with opinion.

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PER CURIAM.

This case was dismissed with prejudice for failure of the appellants to comply with pretrial discovery orders of the trial court. Our review of the record reveals that the appellants were in substantial compliance with the discovery orders entered and that any failure to comply was due more to the withdrawal of counsel and appellants’ subsequent difficulties in securing representation than to appellants’ deliberate refusal to comply. Although such circumstances may well justify the imposition of sanctions against the appellants or their counsel, or both, we do not believe the drastic punishment of dismissal with prejudice was justified. Swindle v. Reid, 242 So.2d 751 (Fla. 4th DCA 1970). Accordingly, this cause is reversed and remanded for further proceedings not inconsistent herewith.

ANSTEAD and GLICKSTEIN, JJ., concur. DOWNEY, Chief Judge, dissents, with opinion.

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377 So. 2d 750, 1979 Fla. App. LEXIS 15940, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flanzbaum-v-lounge-fladistctapp-1979.

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