Clark v. Sturks
Docket: No. 93-02081
Court: District Court of Appeal of Florida; March 5, 1996; Florida; State Appellate Court
Willie E. Clark appeals the dismissal of his pro se complaint against Donald and Janice Sturks, which was dismissed after he failed to attend a case management conference. Clark, who was imprisoned at the time of filing in April 1992, alleged that the Sturks had converted his property. The Sturks denied the allegations, claiming they acted under a power of attorney signed by Clark. The trial court scheduled a case management conference for May 6, 1993, but Clark requested transport to attend due to his incarceration. The court did not respond to his motion and subsequently dismissed his complaint under Florida Rule of Civil Procedure 1.200(c) for his absence. The appellate court found that while trial courts have discretion to sanction parties for non-attendance, such sanctions must be proportional to the offense. There was no evidence that Clark willfully violated any court orders or that his absence was flagrant or persistent. The dismissal order lacked a finding of any severe violation by Clark. Consequently, the appellate court concluded that the trial court abused its discretion in dismissing Clark’s case. The dismissal was reversed, and the matter was remanded for further proceedings. The judges concurred in this decision. Additionally, it was noted that Clark is currently serving sentences for prior convictions related to conspiracy, racketeering, and grand theft.