U.S. FIDELITY & GUARANTY CO. v. HERR

No. 88-1585.

539 So.2d 542 (1989)

UNITED STATES FIDELITY & GUARANTY COMPANY, Appellant, v. Richard W. HERR and Jean L. Herr, Appellees.

District Court of Appeal of Florida, Third District.

March 7, 1989.


Attorney(s) appearing for the Case

Touby, Smith, DeMahy & Drake and Kathleen Touby, Miami, for appellant.

Frigola, DeVane & Wright and Alfred K. Frigola, Marathon, for appellees.

Before FERGUSON and JORGENSON, JJ., and JOHN G. FERRIS (ret.), Associate Judge.


PER CURIAM.

United States Fidelity & Guaranty appeals an order dismissing — as a sanction — its $88,000 indemnity claim after the appellant's attorney failed to appear for a scheduled pretrial conference.

The notice of pretrial conference, scheduled for May 17, 1988, at 1:30 p.m., was changed to 9:00 a.m. by a second notice allegedly mailed on April 12, 1988. Appellant's counsel contends that he...

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