INCARNACION v. THOMAS

No. 3D10-2208.

88 So.3d 246 (2011)

Maria INCARNACION, Appellant, v. Kennedy Marie THOMAS, Marlon Berrouet and Marie Charles, Appellees.

District Court of Appeal of Florida, Third District.

October 19, 2011.


Attorney(s) appearing for the Case

Larry R. Fleurantin , North Miami Beach, for appellant.

Kennedy Marie Thomas , in proper person; Marlon Berrouet , in proper person; and Marie Charles , in proper person.

Before ROTHENBERG and LAGOA, JJ., and SCHWARTZ, Senior Judge.


LAGOA, Judge.

Appellant, Maria Incarnacion ("Incarnacion"), the defendant below, appeals an order dismissing the proceedings for Incarnacion's counsel's failure to appear at a case management conference. Because we find that the trial court abused its discretion in dismissing the proceedings, we reverse.

While a trial court's decision to impose sanctions is discretionary, that discretion is not absolute. The imposition of sanctions requires wrongdoing by the...

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