SONSON v. HEARN

No. 4D08-2799.

17 So.3d 745 (2009)

Jennifer SONSON, individually and as Trustee; Ubberhurst Oberborg, Inc., a Florida corporation, individually and as Trustee, and Wellington, Viaduct, Wellington, Inc., as Trustee, Appellants, v. Mildred Jeanne HEARN as Trustee of the Mildred Jeanne Hearn Revocable Living Trust dated November 2, 1999, Appellee.

District Court of Appeal of Florida, Fourth District.

July 22, 2009.


Attorney(s) appearing for the Case

J. Stephen Tierney, III of Neill, Griffin, Tierney, Neill & Marquis Chartered, Fort Pierce, for appellants.

R.N. Koblegard, III, Fort Pierce, for appellee.


CIKLIN, J.

Appellants, the plaintiffs below, appeal the trial court's final judgment dismissing their action with prejudice for failing to comply with a court order compelling attendance at a deposition. Because the trial court did not determine whether the plaintiffs or their attorney was responsible for the non-appearance and because the dismissal was not based on competent substantial evidence, we reverse and remand for further proceedings.

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