Turano v. Michael Pirates World, Inc.

District Court of Appeal of Florida

Turano v. Michael Pirates World, Inc.

659 So. 2d 1275, 1995 Fla. App. LEXIS 9127, 1995 WL 509285

District Court of Appeal of Florida·Decided August 30, 1995·No. No. 94-2809·Published·Cited by 1 cases

Opinion

PER CURIAM.

Appellant Joseph Turano, defendant below, appeals an order striking his pleadings and entering judgment against him on the issue of liability after his counsel failed to appear at a pretrial conference. We reverse because we find that this sanction was too severe to visit upon a litigant where, as here, the record is completely devoid of any evidence reflecting counsel’s wilful or flagrant disregard of the court’s authority. Paris Int’l Records & Filmworks, Inc. v. Rodriguez, 539 So.2d 5 (Fla. 3d DCA 1989); Aller v. Editorial Planeta, S.A., 389 So.2d 321 (Fla. 3d DCA 1980).

Reversed and remanded for further proceedings.

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PER CURIAM.

Appellant Joseph Turano, defendant below, appeals an order striking his pleadings and entering judgment against him on the issue of liability after his counsel failed to appear at a pretrial conference. We reverse because we find that this sanction was too severe to visit upon a litigant where, as here, the record is completely devoid of any evidence reflecting counsel’s wilful or flagrant disregard of the court’s authority. Paris Int’l Records & Filmworks, Inc. v. Rodriguez, 539 So.2d 5 (Fla. 3d DCA 1989); Aller v. Editorial Planeta, S.A., 389 So.2d 321 (Fla. 3d DCA 1980).

Reversed and remanded for further proceedings.

Turano v. Michael Pirates World, Inc., 659 So. 2d 1275, 1995 Fla. App. LEXIS 9127, 1995 WL 509285 (Fla. Ct. App. 1995).

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