CHRISTEL V. SOUTHERN

Annotate this Case

Download PDF

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2002 CHRISTEL PLAZA CORPORATION, ** ** CASE NO. 3D01-1993 Appellant, ** vs. ** SOUTHERN SKATING, INC., et al., Appellees. ** LOWER TRIBUNAL CASE NO. 00-6114 ** Opinion filed November 6, 2002. An appeal from the Circuit Court of Miami-Dade County, Bernard S. Shapiro, Judge. Salas, Ede, Peterson & Lage and Douglas E. Ede, for appellant. Alan C. Gold; Hessen, Schimmel & De Castro; Allan Jay Atlas, for appellees. Before COPE, LEVY, and FLETCHER, JJ. PER CURIAM. This is an appeal from a dismissal of an intervention action for failure to timely file an amended complaint. Finding the dismissal too severe a sanction under the circumstances herein, which involved the actions of the intervener s counsel and not his client, we reverse for reinstatement. See e.g. Town of Manalapan v. Florida Power & Light Co., 815 So. 2d 670 (Fla. 4th DCA 2002); Rosenberg v. Miller, 453 So. 2d 885 (Fla. 3d DCA 1984). Upon remand, the trial court may consider imposing a more appropriate sanction upon the attorney. Reversed and remanded with directions to reinstate the action. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.