Federal Home Loan Mortgage, Corp. v. Lascio

District Court of Appeal of Florida

Federal Home Loan Mortgage, Corp. v. Lascio

653 So. 2d 1150, 1995 Fla. App. LEXIS 5057, 1995 WL 270925

CourtDistrict Court of Appeal of Florida

DecidedMay 10, 1995

DocketNo. 93-3463

StatusPublished

Cited by1 cases

This text of 653 So. 2d 1150 (Federal Home Loan Mortgage, Corp. v. Lascio) 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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Federal Home Loan Mortgage, Corp. v. Lascio, 653 So. 2d 1150, 1995 Fla. App. LEXIS 5057, 1995 WL 270925 (Fla. Ct. App. 1995).

Pincite

Opinion

PER CURIAM.

Appellant, Federal Home Loan Mortgage Corporation, et al., plaintiff below, appeals the trial judge’s final order of dismissal entered without notice or hearing. The trial court, sua sponte, dismissed the case for failure to serve the defendants within 120 days of filing the complaint. The order was entered on the court’s own initiative without notice or on motion as required by Rule 1.070(i), Florida Rules of Civil Procedure (1993).

We reverse and remand with directions for the trial court to allow the plaintiff an opportunity to show good cause why service was not timely effected. See Connelly v. Crown Cruise Line, Inc. S.A., 636 So.2d 886 (Fla. 4th DCA 1994); Alvarez v. U.S. Sec. Ins. Co., 650 So.2d 707 (Fla. 3d DCA 1995).

REVERSED AND REMANDED.

GUNTHER, KLEIN and SHAHOOD, JJ., concur.

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