Littlefield v. Torrence
Docket: No. 2D99-4262
Court: District Court of Appeal of Florida; January 11, 2001; Florida; State Appellate Court
Daniel Littlefield filed a lawsuit against J. Pat Torrence for injuries sustained in a motor vehicle accident in September 1994, with the complaint initiated in 1996. The circuit court dismissed the case due to Littlefield's failure to attend two scheduled independent medical examinations (IMEs). The first IME, set for August 1, 1997, was missed by Littlefield due to a personal family conflict. Following this, an agreed order was entered compelling him to attend a rescheduled IME. A second IME was scheduled for September 11, 1998, but Littlefield, having moved to Kentucky, informed his counsel two days prior that he could not afford to travel to Florida for the examination. His counsel attempted to arrange an alternative date but was unsuccessful. Consequently, Littlefield filed a motion for a protective order, while Torrence sought sanctions. After a hearing, the court dismissed Littlefield's complaint and imposed a $1,000 cost for Dr. Murphy’s fees. On appeal, while acknowledging Littlefield's shortcomings, the court reversed the dismissal, emphasizing that dismissal is a severe sanction meant for egregious misconduct. The court noted that the lower court did not adequately support its finding that Littlefield's failure was willful or contemptuous, as he had provided a legitimate financial reason for not attending and had filed a motion for a protective order. The appellate court allowed for the possibility of lesser sanctions to be imposed by the circuit court. Judges Fulmer and Green concurred with the decision.