DeSantis v. v. & J ENTERPRISES, INC.

District Court of Appeal of Florida

DeSantis v. v. & J ENTERPRISES, INC.

37 So. 3d 987, 2010 Fla. App. LEXIS 9574, 2010 WL 2680195

CourtDistrict Court of Appeal of Florida

DecidedJune 30, 2010

Docket4D09-1682

StatusPublished

Cited by1 cases

This text of 37 So. 3d 987 (DeSantis v. v. & J ENTERPRISES, INC.) 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.

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DeSantis v. v. & J ENTERPRISES, INC., 37 So. 3d 987, 2010 Fla. App. LEXIS 9574, 2010 WL 2680195 (Fla. Ct. App. 2010).

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Opinion

PER CURIAM.

Appellant filed suit against appellees for injuries she sustained in an automobile accident. At a case management conference, the court dismissed the case due to appellant’s counsel’s failure to appear. The order of dismissal contained a stamp with the judge’s name and date but did not contain a signature. Additionally, the order was never filed with the clerk of the lower tribunal. Thirteen months later, appellant filed a motion to vacate the dismissal, claiming that her counsel had contacted the judge’s judicial assistant prior to the case management conference and advised that he had a scheduling conflict. In an amended motion to vacate, appellant added that the judge never signed the order of dismissal and that only a stamped copy was sent to counsel. The trial court denied the motion. We reverse because the order of dismissal was never rendered. See Fla. R.App. P. 9.020(h). Because the order was never rendered, the case was never dismissed. We therefore reverse and remand for further proceedings in the lower court.

FARMER, DAMOORGIAN and LEVINE, JJ., concur.

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PER CURIAM.

Appellant filed suit against appellees for injuries she sustained in an automobile accident. At a case management conference, the court dismissed the case due to appellant’s counsel’s failure to appear. The order of dismissal contained a stamp with the judge’s name and date but did not contain a signature. Additionally, the order was never filed with the clerk of the lower tribunal. Thirteen months later, appellant filed a motion to vacate the dismissal, claiming that her counsel had contacted the judge’s judicial assistant prior to the case management conference and advised that he had a scheduling conflict. In an amended motion to vacate, appellant added that the judge never signed the order of dismissal and that only a stamped copy was sent to counsel. The trial court denied the motion. We reverse because the order of dismissal was never rendered. See Fla. R.App. P. 9.020(h). Because the order was never rendered, the case was never dismissed. We therefore reverse and remand for further proceedings in the lower court.

FARMER, DAMOORGIAN and LEVINE, JJ., concur.

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Bluebook (online)

37 So. 3d 987, 2010 Fla. App. LEXIS 9574, 2010 WL 2680195, Counsel Stack Legal Research, https://law.counselstack.com/opinion/desantis-v-v-j-enterprises-inc-fladistctapp-2010.

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