KAUFMAN v. FS TENANT POOL III TRUST

No. 4D10-5122.

87 So.3d 1228 (2012)

Marilyn KAUFMAN, as Attorney in fact for Jeanne YELNICK, Appellant, v. FS TENANT POOL III TRUST, a foreign corporation d/b/a Forum at Deer Creek, Appellee.

District Court of Appeal of Florida, Fourth District.

May 23, 2012.


Attorney(s) appearing for the Case

Robin Bresky and Jonathan Mann of Law Offices of Robin Bresky, Boca Raton, for appellant.

Scott M. Teich and Jason Friedman of Quintairos, Prieto, Wood & Boyer, P.A., Fort Lauderdale, for appellee.


POLEN, J.

Appellant, Marilyn Kaufman, as attorney in fact for her mother, Jeanne Yelnick, appeals the trial court's order dismissing her case with prejudice for failure to appear at a case management conference. We hold that Kaufman's failure to attend the conference must have been willful to warrant dismissal. As such, we reverse and remand to give the trial court the opportunity to support its order dismissing the underlying case with evidence of willful and contumacious...

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