4D08-2799-Sonson v. Hearn

State: Florida

Court: Florida Fourth District Court

Docket No: 4D08-2799

Case Date: 07/22/2009

Preview:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
July Term 2009

JENNIFER SONSON, individually and as Trustee; UBBERHURST OBERBORG, INC., a Florida corporation, individually and as Trustee, and WELLINGTON, VIADUCT, WELLINGTON, INC., as Trustee, Appellants, v. MILDRED JEANNE HEARN as TRUSTEE of the Mildred Jeanne Hearn Revocable Living Trust dated November 2, 1999, Appellee. No. 4D08-2799 [July 22, 2009] CIKLIN, J. Appellants, the plaintiffs below, appeal the trial court's final judgment dismissing their action with prejudice for failing to comply with a court order compelling attendance at a deposition. Because the trial court did not determine whether the plaintiffs or their attorney was responsible for the non-appearance a n d because the dismissal was not based on competent substantial evidence, we reverse and remand for further proceedings. This case arose from a dispute regarding the ownership of two parcels of land located in St. Lucie County. Jennifer Sonson and other plaintiffs filed suit against Mildred Jeanne Hearn, as trustee to quiet title. Sonson relied on one chain of title in the complaint, while Hearn provided a different chain of title in the answer. Hearn's answer also asserted six affirmative defenses. On numerous occasions over the course of many months, Hearn's attorney attempted in vain to schedule depositions of Jennifer Sonson, individually a n d Stephen Sonson as representative of both plaintiff corporations. This recalcitrance culminated in an April 17, 2008 court order directing both individuals to appear for a deposition on April 24, 2008. When neither appeared, Hearn

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