JIMENEZ v. SIMON

No. 2D02-5835.

879 So.2d 13 (2004)

Kristie JIMENEZ, Appellant, v. Iris Evette SIMON, Harry Scott, Lynda Smith, Eddie Smith, and Hannah Lewis, Appellees.

District Court of Appeal of Florida, Second District.

April 30, 2004.


Attorney(s) appearing for the Case

Alan M. Medof, North Miami Beach, for Appellant.

Sidney M. Crawford of Sidney M. Crawford, P.A., Lakeland, for Appellee Iris Everett Simon.

Charles E. McKeon and Lorieann M. Haas of Law Offices of Charles E. McKeon, P.A., Tampa, for Appellees Lynda Smith and Eddie Smith.

No Appearance for Appellee Harry Scott.


CANADY, Judge.

Kristie Jimenez, the plaintiff in a personal injury action, appeals the dismissal with prejudice of her suit. The trial court imposed the dismissal as a sanction for discovery violations. Because we conclude that the discovery violations were solely the result of the neglect of counsel for Jimenez, we reverse the dismissal of Jimenez's claims.

I. BACKGROUND

Jimenez filed an action against the appellees seeking damages for injuries...

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