Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

ANTHONY BELLOMIO, INDIVIDUALLY, AND AS OWNER OF UNIVERSITY DENTAL HEALTH CENTER, A FLORIDA CORPORATION, APPELLANTS, v. NORMAN MALINSKI, INDIVIDUALLY, AND HERTZBERG AND MALINSKI, P.A., APPELLEES.

PER CURIAM.

Anthony Bellomio and University Dental Health Center appeal an adverse final judgment. We reverse.

Bellomio and University Dental Health Center brought a legal malpractice suit. The trial court dismissed the complaint with leave to amend within twenty days. Shortly thereafter, plaintiffs' counsel was allowed to withdraw. Insofar as pertinent here, the trial court entered a written order allowing plaintiffs twenty days to retain new counsel. The order stayed the obligation to file the amended complaint until new counsel was retained.

Plaintiffs retained new counsel on the 29th day, instead of the 20th day. Counsel served a notice of appearance and a motion for extension of time to file the amended complaint. In the meantime, defendants moved to strike plaintiffs' pleadings because they had not obtained counsel by the 20th day. The court struck plaintiffs' pleadings and entered judgment in favor of defendants.

Florida's public policy favors disposition of lawsuits on the merits. See, e.g., North Shore Hospital, Inc. v. Barber, 143 So.2d 849 (Fla. 1962); Coggin v. Barfield, 150 Fla. 551, 554, 8 So.2d 9, 11 (1942); Sekot Laboratories, Inc. v. Gleason, 585 So.2d 286, 289 (Fla. 3d DCA 1990); Apolaro v. Falcon, 566 So.2d 815, 816 (Fla. 3d DCA 1990). In our view the extreme sanction of dismissal was not warranted where the parties were nine days late in obtaining substitute counsel. Defendants have not shown that they were prejudiced by reason of the delay. We reverse the order striking pleadings, and the final judgment entered thereon, and remand for further proceedings.

Reversed and remanded.

Use AI to get other relevant cases.

Comments

BELLOMIO v. MALINSKI
(Sep 21, 1993)