DEL VALLE V. SANCHEZ

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., 2004 KEVIN DEL VALLE, a minor by and through his parent, IDAINA FERNANDEZ,and IDAINA FERNANDEZ, individually, et al., Appellants, vs. ** ** ** CASE NO. 3D03-1369 ** LOWER TRIBUNAL NO. 98-11386 ** DR. RAFAEL SANCHEZ, et al. Appellee. Opinion filed October 6, 2004. An Appeal from the Circuit Court for Miami-Dade County, Barbara S. Levenson, Judge. Mark D. Press; Kluger, Peretz, Kaplan & Berlin and Michael B. Chesal; Joel Perwin, for appellants. Marisa Tinkler Mendez, for appellee. Before GERSTEN, GODERICH, and GREEN, JJ. PER CURIAM. Under the unique and peculiar circumstances in this case, we determine the trial court s dismissal of this action was too harsh a sanction. Accordingly, we reverse and remand. The trial court can, however, consider other sanctions, such as fees and costs, should it deem them fit and proper. Reversed and remanded. 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.