ELDER v. NORTON

No. 96-04749.

711 So.2d 586 (1998)

Mary ELDER, individually, and Mary Elder, as parent and natural guardian of Ethan Elder, a minor, Appellant, v. Frank NORTON, M.D., individually and Frank Norton, M.D., P.A.; Carmella Farulla, M.D, individually; Carmella Farulla, as agent and servant of Vaicaitis, Schorr & Richards, M.D., P.A.; and Robert Heller, M.D., individually, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied May 19, 1998.


Attorney(s) appearing for the Case

Donna S. Koch and Raymond T. Elligett, Jr. of Schropp, Buell & Elligett, P.A.; and Kenneth W. Mastrilli of Personal Injury Law Center, P.A., Tampa, for Appellant.

Patricia J. Kelly of Harris, Barrett, Mann & Dew, St. Petersburg, for Appellee Frank Norton, M.D.

Susan W. Fox of Macfarlane, Ferguson & McMullen, Tampa, for Appellees Carmella Farulla, M.D. and Vaicaitis, Schorr & Richards, M.D., P.A.


QUINCE, Judge.

Mary Elder, individually and as parent and natural guardian of Ethan Elder, appeals an order dismissing her medical malpractice claim as a sanction for various discovery abuses. Indeed, the record establishes a four year history of noncompliant conduct on the part of Elder's counsel; nevertheless, because the record bears no evidence of misconduct on the part of Elder personally, we reverse.

The sanction of dismissal is all too drastic and severe...

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