Executive Associates, Inc. v. Weiser, Inc.

Florida Circuit Courts

Executive Associates, Inc. v. Weiser, Inc.

22 Fla. Supp. 2d 144

CourtCircuit Court for the Judicial Circuits of Florida

DecidedJanuary 20, 1987

DocketCase No. 86-039 AP (County Court Case No. 85-20377 SP05

StatusPublished

This text of 22 Fla. Supp. 2d 144 (Executive Associates, Inc. v. Weiser, Inc.) is published on Counsel Stack Legal Research, covering Circuit Court for the Judicial Circuits of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Executive Associates, Inc. v. Weiser, Inc., 22 Fla. Supp. 2d 144 (Fla. Super. Ct. 1987).

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Opinion

OPINION OF THE COURT

PER CURIAM.

Appellant challenges the Trial Court’s denial of its motion to set aside the Order of Dismissal with prejudice. Plaintiffs attorney failed to appear at a pretrial hearing because he had an automobile accident on the way to Court.

[145]*145The defendant had alleged res judicata as a reason for not setting aside the dismissal. This was the third filing of the case. With full understanding of the frustration of the defendant, this Court finds dismissal with prejudice under the facts stated herein to be an abuse of discretion.

The Order of Dismissal is vacated and the cause is reinstated and remanded to the Trial Court for pre-trial hearing. The defendant may, at that time, raise any defenses he feels are appropriate and this opinion specifically does not reach the issue of res judicata.

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OPINION OF THE COURT

PER CURIAM.

Appellant challenges the Trial Court’s denial of its motion to set aside the Order of Dismissal with prejudice. Plaintiffs attorney failed to appear at a pretrial hearing because he had an automobile accident on the way to Court.

[145]*145The defendant had alleged res judicata as a reason for not setting aside the dismissal. This was the third filing of the case. With full understanding of the frustration of the defendant, this Court finds dismissal with prejudice under the facts stated herein to be an abuse of discretion.

The Order of Dismissal is vacated and the cause is reinstated and remanded to the Trial Court for pre-trial hearing. The defendant may, at that time, raise any defenses he feels are appropriate and this opinion specifically does not reach the issue of res judicata.

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22 Fla. Supp. 2d 144, Counsel Stack Legal Research, https://law.counselstack.com/opinion/executive-associates-inc-v-weiser-inc-flacirct-1987.