Nautical Management Ass'n v. Culmer

District Court of Appeal of Florida

Nautical Management Ass'n v. Culmer

573 So. 2d 1043, 1991 Fla. App. LEXIS 802, 1991 WL 11743

CourtDistrict Court of Appeal of Florida

DecidedFebruary 5, 1991

DocketNo. 90-1864

StatusPublished

This text of 573 So. 2d 1043 (Nautical Management Ass'n v. Culmer) 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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Nautical Management Ass'n v. Culmer, 573 So. 2d 1043, 1991 Fla. App. LEXIS 802, 1991 WL 11743 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

Appellant, Nautical Management Association, Inc., the plaintiff below, appeals from orders dismissing its case and denying a motion for reconsideration where counsel arrived two hours late for a nonju-ry trial. Counsel’s call to the judge’s office twenty minutes before the scheduled time for trial to advise that he was experiencing car trouble while en route and would be late is not consistent with a willful and blatant disregard for the court’s authority so as to justify the harsh sanction of dismissal. See Blanco v. Allstate Ins. Co., 561 So.2d 1370 (Fla. 3d DCA 1990); United States Fidelity & Guar. Co. v. State Supply Co., 548 So.2d 893 (Fla. 3d DCA 1989); United States Fidelity & Guar. Co. v. Herr, 539 So.2d 542 (Fla. 3d DCA 1989); Paris Int’l Records & Filmworks, Inc. v. Rodriguez, 539 So.2d 5 (Fla. 3d DCA 1989).

[1044]*1044Reversed and remanded for further consistent proceedings.

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PER CURIAM.

Appellant, Nautical Management Association, Inc., the plaintiff below, appeals from orders dismissing its case and denying a motion for reconsideration where counsel arrived two hours late for a nonju-ry trial. Counsel’s call to the judge’s office twenty minutes before the scheduled time for trial to advise that he was experiencing car trouble while en route and would be late is not consistent with a willful and blatant disregard for the court’s authority so as to justify the harsh sanction of dismissal. See Blanco v. Allstate Ins. Co., 561 So.2d 1370 (Fla. 3d DCA 1990); United States Fidelity & Guar. Co. v. State Supply Co., 548 So.2d 893 (Fla. 3d DCA 1989); United States Fidelity & Guar. Co. v. Herr, 539 So.2d 542 (Fla. 3d DCA 1989); Paris Int’l Records & Filmworks, Inc. v. Rodriguez, 539 So.2d 5 (Fla. 3d DCA 1989).

[1044]*1044Reversed and remanded for further consistent proceedings.

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573 So. 2d 1043, 1991 Fla. App. LEXIS 802, 1991 WL 11743, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nautical-management-assn-v-culmer-fladistctapp-1991.

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