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Robinson v. Allstate Insurance Co.

District Court of Appeal of Florida, Third District
Aug 3, 1982
417 So. 2d 778 (Fla. Dist. Ct. App. 1982)

Summary

holding that dismissal of the plaintiff's complaint was too drastic a remedy where plaintiff "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"

Summary of this case from Gomez-Bonilla v. Apollo Ship

Opinion

No. 81-2183.

August 3, 1982.

Appeal from the Circuit Court, Dade County, John Gale, J.

Alan Goldfarb, Miami, for appellant.

Adams, Ward, Hunter, Angones Adams and Steven Hunter, Miami, for appellees.

Before HUBBART, C.J., and SCHWARTZ and NESBITT, JJ.


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.


Summaries of

Robinson v. Allstate Insurance Co.

District Court of Appeal of Florida, Third District
Aug 3, 1982
417 So. 2d 778 (Fla. Dist. Ct. App. 1982)

holding that dismissal of the plaintiff's complaint was too drastic a remedy where plaintiff "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"

Summary of this case from Gomez-Bonilla v. Apollo Ship
Case details for

Robinson v. Allstate Insurance Co.

Case Details

Full title:GEORGE ROBINSON, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE…

Court:District Court of Appeal of Florida, Third District

Date published: Aug 3, 1982

Citations

417 So. 2d 778 (Fla. Dist. Ct. App. 1982)

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