Rodriguez v. Bryant Permit Service, 51 Fla. L. Weekly D63 (Fla. 3d DCA Jan. 7, 2026):

Rodriguez sued Bryant Permit Service for breach of contract and, alternatively, for a violation of FDUTPA, and defaults were entered. The county court later ordered the plaintiff to take action toward a default final judgment within 30 days and warned the case would be dismissed if she did not. When plaintiff’s counsel filed no motion, the court dismissed the case without prejudice.

The Third District reversed. It reiterated that dismissal for failure to comply with a court order is the most severe sanction, and upon review of the Kozel factors, did not find any of willful noncompliance. The court also emphasized that although the court noted that the dismissal was “without prejudice,” it operated as being with prejudice because the statute of limitations had run, requiring the court to weigh counsel’s failings against the consequence of ending the client’s case. The court concluded that dismissal under these facts was wrong, and remanded with directions to vacate the dismissal and proceed.