MARIN v. BATISTA

No. 93-863.

639 So.2d 630 (1994)

Hernando MARIN, Appellant, v. Jose R.E. BATISTA and Diaz & Batista, P.A., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied August 2, 1994.


Attorney(s) appearing for the Case

Calvin David Fox, Miami, for appellant.

No appearance for appellees.

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


PER CURIAM.

At the combined pretrial conference and calendar call in the appellant's replevin, malpractice and conversion suit, the trial court dismissed the appellant's suit with prejudice, based upon findings of misconduct on the part of appellant's counsel with respect to the "speedy and fair" resolution of the litigation. "Dismissal of an action is a drastic remedy which should be used only in extreme situations and upon a showing of deliberate and contumacious...

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