Don Smith, Appellant, v. Lisa Meltzer, etc., Appellee. (2023)

District Court of Appeal of Florida, Third District.

Don Smith, Appellant, v. Lisa Meltzer, etc., Appellee.

No. 3D22-25

Decided: January 04, 2023

Before LOGUE, LINDSEY, and MILLER, JJ.

Golden Law, E. Scott Golden, and M. Mendel Kass (Fort Lauderdale), for appellant. Jay M. Levy, P.A., and Jay M. Levy, for appellee.

UPON PARTIAL CONCESSION OF ERROR

Appellant, Don Smith, challenges a final order dismissing his lawsuit against appellee, Lisa Meltzer, as Personal Representative of the Estate of Joan Saperstein, with prejudice and imposing attorney's fees and costs as a sanction for noncompliance with a court order requiring him to retain counsel or file a notice of intent to proceed pro se. It is well-established under Florida law that dismissing a case for noncompliance with a court order is “the most severe of all sanctions which should be employed only in extreme circumstances.” Mercer v. Raine, 443 So. 2d 944, 946 (Fla. 1983). Because Smith was not afforded notice or an opportunity to be heard and the order of dismissal was not accompanied by any finding of deliberate and contumacious disregard of the court's authority, bad faith, willful disregard, gross indifference, or conduct evincing deliberate callousness, we reverse and remand for further proceedings. Id.; see also Kozel v. Ostendorf, 629 So. 2d 817, 818 (Fla. 1993).

Reversed and remanded.

MILLER, J.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network