Houser v. County of Volusia
34 Fla. L. Weekly D 2604 (Fla. 5th DCA 2009) (December)
The trial court dismissed the plaintiff’s complaint for what it deemed dilatory behavior on the part of the plaintiff’s attorney. The plaintiff’s attorney failed to respond to several discovery requests and motions for more than a year after the action commenced. The district court acknowledged this behavior as dilatory, but held that it was compelled to reverse. In order for a trial judge to grant such a dismissal, it must consider the following factors: (1) was the dilatory behavior deliberate? (2) has the attorney been previously sanctioned? (3) was the plaintiff him or herself involved in the dilatory behavior? (4) did that behavior prejudice the other party? (5) is there a reasonable expectation for the behavior? And finally (6) did the behavior cause delays in judicial administration? Without a showing that such factors were considered, the Court reversed and remanded.