TRIAL COURT ERRED BY SUA SPONTE DISMISSING ACTION AS SANCTION FOR PLAINTIFF’S FAILURE TO COMPLY WITH ORDER OF REFERRAL TO ARBITRATION 

Michaels v. Johnson, 49 Fla. L. Weekly D971 (Fla. 4th DCA May 8, 2024):

The trial court entered an order of referral to arbitration. No language in the order stated that a failure to comply would result in dismissal or other sanctions.

Approximately nine months later, the trial court, sua sponte dismissed the plaintiff’s action as a sanction for failure to comply with the order and closed the case. The dismissal order did not include the necessary findings required by Kozel.

Due process demands notice and an opportunity to be heard before dismissal.

Here, the trial court did not provide the plaintiff with notice of its intent to dismiss the action as a sanction or allow for an opportunity to be heard before dismissal. Moreover, the order of referral did not include language advising that the failure to comply would result in dismissal. The plaintiff was therefore denied due process, and the court reversed.