Goldman v. Tabor, 70--145
| Decision Date | 25 September 1970 |
| Docket Number | No. 70--145,70--145 |
| Citation | 239 So.2d 529 |
| Parties | Irving A. GOLDMAN, Petitioner, v. Martin L. TABOR, Respondent. |
| Court | Florida District Court of Appeals |
Ramseur, Bradham, Lyle, Skipper & Cramer, St. Petersburg, for petitioner.
John N. Samaha of Fowler, White, Gillen, Humkey & Kinney, St. Petersburg, for respondent.
Petitioner has filed a petition for writ of common law certiorari, asking this court to review a pre-trial conference order issued by Judge Robert A. Freeze. William Duane Wood III, counsel for the petitioner, failed to appear at a pre-trial conference held by Judge Freeze. As a result of Wood's failure to attend, Judge Freeze dismissed, sua sponte, all pleadings of defendant and entered default judgment and set the case for trial on damages only.
Petitioner subsequently filed a motion asking the court to vacate and set aside its pre-trial order wherein all pleadings were stricken and a defult judgment entered against petitioner, which motion was never set for hearing by Judge Freeze. Petitioner asks this court to hold that Judge Freeze erred in striking defendant's pleadings and entering default judgment on the question of liability.
This court held in Bader Bros. Van Lines, Inc. v. Jay, Fla.App.1966, 183 So.2d 867, that such action as was taken here punishes the litigant rather than the attorney. This would certainly be the result in the instant case. The reason given by petitioner's attorney for his failure to attend the pre-trial conference was that he failed to receive notice. This was not refuted by respondent, and to allow the order to stand would be a severe punishment to the litigant, but would in no way affect his attorney.
For this reason the petition is hereby granted and the order striking defendant's pleadings and granting a default judgment is hereby quashed and the cause remanded for further proceedings.
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Mercer v. Raine
...the litigant too severely for an act or failure on the part of his counsel. Beasley v. Girten, 61 So.2d 179 (Fla.1952); Goldman v. Tabor, 239 So.2d 529 (Fla. 2d DCA 1970). We agree that the striking of pleadings or entering a default for noncompliance with an order compelling discovery is t......
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Kelley v. Schmidt
...v. Girten, 61 So.2d 179, 180 (Fla.1952); Crystal Lake Golf Course, Inc. v. Kalin, 252 So.2d 379 (Fla. 4th DCA 1971); Goldman v. Tabor, 239 So.2d 529 (Fla. 2d DCA 1970). We cannot condone counsel's failure to comply with the court's pretrial order but we hold that it was an abuse of the tria......
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Crystal Lake Golf Course, Inc. v. Kalin
...we think for the reasons given that such dismissal upon the first infraction is too severe.' (Emphasis added.) See also Goldman v. Tabor, Fla.App.1970, 239 So.2d 529. We cannot condone counsel's failure to comply with an order of the court for a pretrial conference; but neither can we appro......
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Kuhlman v. Travelers Indem. Co., 76--823
...trial court abused its discretion in failing to reinstate the cause. See Beasley v. Girten, 61 So.2d 179 (Fla.1952); Goldman v. Tabor, 239 So.2d 529 (Fla.2d DCA 1970); Crystal Lake Golf Course, Inc. v. Kalin, 252 So.2d 379 (Fla.4th DCA 1971); and cf. Moss v. State Farm Mutual Automobile Ins......