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 ShipOpinion
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.