We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Man's Surgery Didn't Warrant Case Dismissal, Court Finds

Law360 (March 9, 2018, 8:17 PM EST) -- A Florida man's decision to proceed with surgery in defiance of a court order did not warrant permanent dismissal of his breach of contract case against Southern-Owners Insurance Co. given his good-faith efforts at compliance and other circumstances of the case, a state appeals court ruled Friday.

Florida's Fifth District found the trial court's choice of dismissal with prejudice as a sanction against plaintiff Robert William Faris amounted to an abuse of discretion, saying that lesser sanctions could have ensured compliance and the particular facts of...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.