03-1369 DEL VALLE V. SANCHEZ

State: Florida

Court: Florida Third District Court

Docket No: 03-1369 DEL VALLE V. SANCHEZ

Case Date: 10/06/2004

Preview: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 ** ** ** ** ** CASE NO. 3D03-1369 LOWER TRIBUNAL NO. 98-11386

KEVIN DEL VALLE, a minor by and through his parent, IDAINA FERNANDEZ,and IDAINA FERNANDEZ, individually, et al., Appellants, vs. 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.

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