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McMILLIAN v. STATE, DEPT. OF CORRECTIONS

No. 86-3047.

506 So.2d 1171 (1987)

Mary Frances McMILLIAN, As Personal Representative of the Estate of Michael McMillian, Deceased, Appellant, v. STATE of Florida, DEPARTMENT OF CORRECTIONS, Appellee.

District Court of Appeal of Florida, Third District.

May 12, 1987.

Attorney(s) appearing for the Case

James A. Brown, Fort Lauderdale, for appellant.

Neblett and Sauer and John Moore, Key West, for appellee.

Before SCHWARTZ, C.J., and BARKDULL and HENDRY, JJ.

PER CURIAM.

The plaintiff in a wrongful death action appeals from the dismissal of her complaint without prejudice1 because of the failure to make timely and appropriate discovery as required by the rules and prior order of court. Notwithstanding the often-expressed view of this court, to which we adhere, that such a remedy is not lightly to be invoked or approved, Velazquez v. Gaitan,

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