The Florida Fourth District Court of Appeal. Photo: J. Albert Diaz/ALM.
According to the Fourth DCA, dismissing a case as a sanction after the plaintiff's lawyer missed a calendar call was too harsh — considering the pretrial order had been sent to the attorney's dead assistant's email address.
November 08, 2018 at 10:34 AM
1 minute read
The Fourth District Court of Appeal on Wednesday reversed a ruling that dismissed a plaintiff’s case as punishment for his lawyer, who’d missed a calendar call and failed to comply with a pretrial order.
The appellate panel overturned Palm Beach Circuit Judge Judge Edward A. Garrison, who had dismissed the case March 6, after West Palm Beach lawyer Henry L. Kaye was a no-show March 1.
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