Candy Store Corp. v. Caribbean Trade Winds Condominium Ass'n

District Court of Appeal of Florida

Candy Store Corp. v. Caribbean Trade Winds Condominium Ass'n

478 So. 2d 119, 10 Fla. L. Weekly 2527, 1985 Fla. App. LEXIS 16754

CourtDistrict Court of Appeal of Florida

DecidedNovember 13, 1985

DocketNo. 85-161

StatusPublished

This text of 478 So. 2d 119 (Candy Store Corp. v. Caribbean Trade Winds Condominium Ass'n) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Candy Store Corp. v. Caribbean Trade Winds Condominium Ass'n, 478 So. 2d 119, 10 Fla. L. Weekly 2527, 1985 Fla. App. LEXIS 16754 (Fla. Ct. App. 1985).

Pincite

Opinion

PER CURIAM.

We reverse the order dismissing appellant’s cause and remand with instructions to reinstate it.

The trial court’s sua sponte order dismissed appellant’s cause without prejudice for two reasons:

First, it was dismissed for failure to prosecute under Rule 1.420(e), Florida Rules of Civil Procedure. This was error, per Mikos v. Sarasota Cattle Company, 453 So.2d 402 (Fla.1984).

Second, it was dismissed for failure to proceed pursuant to a court order which had ordered appellant to retain new counsel and file a notice of appearance within fifteen (15) days from the date of the order. We find that such sanction was impermissi-bly harsh so as to constitute an abuse of discretion, particularly when appellees had not complained as to this matter, and since it had not been noticed or made the subject of an order to show cause.

Reversed and remanded.

ANSTEAD, DELL and WALDEN, JJ., concur.

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