ROBINSON v. ALLSTATE INSURANCE CO.

No. 81-2183.

417 So.2d 778 (1982)

George ROBINSON, Individually and As Personal Representative of the Estate of Jean Robinson, Deceased, Appellant, v. ALLSTATE INSURANCE COMPANY, Morris Beck, Eugene Willard, Joyce Simmons, Charles Kreiker, Eutychus Rolle and Industrial Fire and Casualty Insurance Company, Appellees.

District Court of Appeal of Florida, Third District.

August 3, 1982.


Attorney(s) appearing for the Case

Alan Goldfarb, Miami, for appellant.

Adams, Ward, Hunter, Angones & Adams and Steven Hunter, Miami, for appellees.

Before HUBBART, C.J., and SCHWARTZ and NESBITT, JJ.


PER CURIAM.

The trial court dismissed the complaint when the plaintiff failed to appear for the taking of his second deposition. We find that dismissal was entirely too drastic a remedy to impose upon the plaintiff where the plaintiff allegedly had difficulty getting to the United States from Jamaica, the deposition was set after the cut-off date for completing discovery, and it was only eleven days prior to trial. See Santuoso v. McGrath & Associates,...

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