SC03-1399 - Omas David Hussamy, M.D., Et Al. v. Beatrice Rose

State: Florida

Docket No: SC03-1399

Case Date: 11/23/2005

Preview:Supreme Court of Florida
____________ No. SC03-1399 ____________ OMAR DAVID HUSSAMY, M.D., et. al., Petitioners, vs. BEATRICE ROSE, Respondent. ____________ No. SC03-1400 ____________ CHARLES M. FISCHMAN, M.D., et. al., Petitioners, vs. BEATRICE ROSE, Respondent. [November 23, 2005] LEWIS, J.
We have for review Rose v. Fiedler, 855 So. 2d 122 (Fla. 4th DCA 2003), in which the Fourth District Court of Appeal relied upon Schlitt v. Currier, 763 So. 2d

491 (Fla. 4th DCA 2000), and certified the following question as one of great public importance:

MAY A TRIAL COURT DISMISS A CIVIL ACTION AS THE RESULT OF THE PLAINTIFF'S ATTORNEY'S MISCONDUCT DURING THE COURSE OF THE LITIGATION WHERE A CONSIDERATION OF ALL OF THE KOZEL FACTORS POINT TO DISMISSAL EXCEPT THAT THERE IS NO EVIDENCE THAT THE CLIENT WAS PERSONALLY INVOLVED IN THE ACT OF DISOBEDIENCE?
Rose, 855 So. 2d at 127-28 (referring to Kozel v. Ostendorf, 629 So. 2d 817 (Fla. 1993)). We have jurisdiction and consolidate the petitions for purposes of this opinion. See art. V,

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