Read the following excerpt from a US court opinion:
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indicates “[a] deliberate- and contumacious disregard of the court’s authority[,] ... bad faith, or a willful disregard or gross indifference to an order of the court, or conduct which evinces deliberate callousness.” Mercer, 443 So.2d at 946 (citations omitted). In the instant cause, the trial court dismissed Bonilla’s first lawsuit with prejudice because Bonilla failed to attend several court-ordered depositions. Contrary to the trial court’s ruling, the record in this case does not contain sufficient evidence to indicate that Bonilla exhibited the sort of wilful disregard for the court’s orders which would support the sanction of dismissal, either with or without prejudice. In addition, throughout the time that Bonilla was unavailable for deposition, Apollo had been able DCA 1979) . Consequently, because the record supports
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What is the most suitable continuation to the opinion? Your options are:
A. holding that sanction of dismissal was warranted when plaintiff had failed to appear for deposition on multiple occasions and following plaintiffs failure to comply with orders of the court including an order that plaintiff make medical records available to the defendant
B. holding that dismissal with leave to amend is not a final order
C. holding that dismissal for failure to comply with discovery orders is on the merits
D. holding that dismissal is appropriate where failure to comply with courts orders prejudiced the defendants and burdened both the courts docket and the public interest in speedy litigation and the district court considered less drastic sanctions and warned the plaintiff before dismissal
E. holding that dismissal is not warranted where the plaintiff was unable to attend courtordered depositions because the military would not grant him leave time to comply with the courts orders
Reply with [A, B, C, D, E] only.