Cases

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.

The trial judge dismissed the plaintiff’s complaint for failure to effectuate service within 120 days, as required by the Florida Rules of Civil Procedure. The district court reversed this dismissal, holding that the plaintiff had shown good cause for the failure to serve the defendant. The district court emphasized that the plaintiff’s process server attempted to serve the defendant 10 times within the 120 day window.

The district court reversed the trial court’s dismissal of the complaint for failure to state a claim and because it was barred by the statute of limitations. The district court held that the complaint did state a claim and that it alleged a valid basis for delayed discovery of that claim.

The trial court dismissed a plaintiff’s personal injury claim with prejudice after finding a fraud on the court by denying past medical issues. The district court reversed holding that such dismissal should be utilized only in the most blatant cases of fraud. Although the district court noted that the plaintiff’s testimony regarding the previous injuries may prevent him from claiming certain damages, it did not affect all damages or the issue of liability.