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321 So. 2d 618

Docket Nos. 74-1614, 75-91.

Carr v. Grace

Jacqueline CARR, Appellant, v. Ruth Freiday GRACE et al., Appellees.

District Court of Appeal of Florida

Decided October 14, 1975.

Rehearing Denied December 2, 1975.

District Court of Appeal of Florida · decided 1975-10-14

Key passage — most relied on by later courts

“[A]ny person ... may conduct his own cause in any court of this state ... subject to the lawful rules and discipline of such court....”

quoted by 2 later decisions, including 611 So. 2d 538 - Kohn v. City of Miami Beach, 678 So. 2d 489 - Martinez v. Fraxedas

“Appellant's self representation does not relieve her of the obligation to comply with any appropriate rules of the court and the rules of civil procedure.”

quoted by 1 later decision, including 678 So. 2d 489 - Martinez v. Fraxedas

Good law ✅— No negative treatment on recordhow we know

Decided 1975-10-14

How this case has been cited

Cited by 9 later decisions — most recently March 2011

9 state decisions

4019751980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1Jacqueline Carr in pro. per.

¶2Walton, Lantaff, Schroeder, Carson & Wahl, Stephens, Magill, Thornton & Sevier, Miami, for appellees.

¶3Before PEARSON, HENDRY and HAVERFIELD, JJ.

¶4PER CURIAM.

¶5Appellant, plaintiff in the trial court, brings these consolidated appeals to review an order of dismissal entered October 30, 1974, and a cost judgment, entered December 11, 1974, in favor of appellees, defendants in the trial court.

¶6Among the many assignments of error designated by appellant, representing herself in these appeals, is one contending the trial judge erred in entering an order on pending motions dated September 27, 1974 which contained the condition that appellant appear and be represented by counsel of her choice ready for trial on October 28, 1974 and that upon failure to appear with counsel said cause would be subject to dismissal upon appropriate motion and order of the court. Predicated upon this order and appellant's failure to appear with counsel the trial judge subsequently entered the order of dismissal from which appellant appeals.

¶7In support of appellant's contention, she cites § 454.18, Fla. Stat., F.S.A., which provides that, inter alia, any person, whether an attorney or not, may conduct their own cause in any court of this state, subject to the lawful rules and discipline of such court.

¶8Based upon the facts in the record before this Court, it appears the trial judge erred by imposing a condition in his order that appellant be represented by counsel or be subject to dismissal of her cause, which dismissal in fact occurred by the trial judge's order dated October 30, 1974. However, also based on our review of the record in this appeal, we feel it obligatory to underline for appellant in § 454.18, Fla. Stat., F.S.A., upon which she relies, that part which provides she may represent herself "subject to the lawful rules and discipline of such court." Appellant's self representation does not relieve her of the obligation to comply with any appropriate rules of the court and the rules of civil procedure.

¶9Based upon our decision above, we conclude that the cost judgment entered by the trial judge was premature and should *619 await the outcome of the main cause on the merits.

¶10We have considered the record, all points in the briefs and arguments of counsel in the light of the controlling principles of law, and have concluded that the trial judge erred in entering the order of dismissal dated October 30, 1974. Therefore, for the reasons stated and upon the authorities cited, the order of dismissal appealed is reversed and the cost judgment is vacated.

¶11Reversed in part and vacated in part.

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