Wednesday, June 24, 2009

Disissal for Attorney Misconduct Reversed

In Cinquegrana v. Rowley (4D08-2839), the Fourth District reversed the trial court's dismissal for attorney misconduct because dismissal was not requested in the motion. Further, "In any future hearing seeking dismissal for counsel’s discovery violations, the circuit court should make express findings concerning the factors identified in Kozel v. Ostendorf, 629 So. 2d 817, 818 (Fla. 1993). See Ham v. Dunmire, 891 So. 2d 492, 500 (Fla. 2004).


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