Ham v. Dunmire

• Decision Date: 14 October 2003
• Docket Number: No. 1D02-4564.,1D02-4564.
• Citation: 855 So.2d 1238
• Parties: Suzanne S. HAM, Appellant, v. Scott Ryan DUNMIRE and All America Termite and Pest Control, Inc., Appellees.
• Court: Florida District Court of Appeals

855 So.2d 1238

Suzanne S. HAM, Appellant, v. Scott Ryan DUNMIRE and All America Termite and Pest Control, Inc., Appellees.

No. 1D02-4564.

District Court of Appeal of Florida, First District.

October 14, 2003.

Richard P. Warfield, Esquire, Pensacola, for Appellant.

John A. Unzicker, Jr., Esquire of Vernis and Bowling of Northwest Florida, P.A., Pensacola, for Appellees.

PER CURIAM.

As a sanction for failing to furnish a witness list, failing to list or exchange exhibits, and failing to answer interrogatories timely, even after an agreed order compelling the answers had been entered, the trial court dismissed appellant's complaint with prejudice.

Although the party herself was in no way at fault, we affirm the judgment of dismissal, certifying conflict with the Third District on this point. See Marin v. Batista, 639 So.2d 630, 630-31 (Fla. 3d DCA 1994) ("Consequently, since the record reflects absolutely no malfeasance on the part of the appellant, we find that the trial court abused its discretion by dismissing the appellant's case."); Dave's Aluminum Siding, Inc. v. C & M Ventures, 582 So.2d 147, 147-48 (Fla. 3d DCA 1991); United States Fid. & Guar. Co. v. Herr, 539 So.2d 542, 543 (Fla. 3d DCA 1989).

Affirmed.

BARFIELD, BENTON and VAN NORTWICK, JJ., concur.