Robinson v. Allstate Insurance

417 So. 2d 778, 1982 Fla. App. LEXIS 20738

Opinion

PER CURIAM.

The trial court dismissed the complaint when the plaintiff failed to appear for the taking of his second deposition. We find that dismissal was entirely too drastic a remedy to impose upon the plaintiff where the plaintiff allegedly had difficulty getting to the United States from Jamaica, the deposition was set after the cut-off date for completing discovery, and it was only eleven days prior to trial. See Santuoso v. McGrath & Associates, 385 So.2d 112 (Fla. 3d DCA 1980); Zayres Department Stores v. Fingerhut, 383 So.2d 262 (Fla. 3d DCA 1980).

Reversed and remanded.