Dismissal With Prejudice After Plaintiff Fails to Provide Discovery

Stuart Senior Partner, Nora Bailey, Esq., and Associate, Zoe Nelson, Esq., secured a dismissal with prejudice in the lower court based on the Kozel factors and Plaintiff’s failure to respond to written discovery or to numerous court orders. The Plaintiff appealed, arguing that her voluntary dismissal, filed thirty minutes before the Court issued its ruling dismissing the case with prejudice, divested the Court of jurisdiction to enter said ruling. On appeal to the Fourth District, Ms. Bailey argued that the right of a party to dismiss their case voluntarily can be abridged where the opposing party has requested sanctions prior to the dismissal, and that Plaintiff was given adequate notice of the impending striking of her pleadings but nonetheless failed to comply with numerous court orders, such that the trial court did not abuse its discretion. The Fourth District agreed, issuing a per curiam affirmance of the lower court’s ruling.