Guerra v. Southern Homes of Palm Beach, LLC

District Court of Appeal of Florida

Guerra v. Southern Homes of Palm Beach, LLC

134 So. 3d 569, 2014 Fla. App. LEXIS 3978, 2014 WL 1092077

CourtDistrict Court of Appeal of Florida

DecidedMarch 19, 2014

DocketNo. 3D13-2238

StatusPublished

This text of 134 So. 3d 569 (Guerra v. Southern Homes of Palm Beach, LLC) 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

Guerra v. Southern Homes of Palm Beach, LLC, 134 So. 3d 569, 2014 Fla. App. LEXIS 3978, 2014 WL 1092077 (Fla. Ct. App. 2014).

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Opinion

ROTHENBERG, J.

Vicenzo Guerra and Kimberly Guerra (collectively, “the plaintiffs”) appeal from an order dismissing their action filed against Southern Homes of Palm Beach, LLC (“the defendant”). The trial court’s order specifically provides that “the Court finds that ... there was no record activity during 60 days immediately following service of the [Notice of Lack of Prosecution],” and therefore, “this action is dismissed for lack of prosecution.” However, because the record reflects that there was record activity during the sixty days immediately following the service of the Notice of Lack of Prosecution, we reverse the order under review and remand with directions to reinstate the plaintiffs’ action filed against the defendant.

Reversed and remanded.

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ROTHENBERG, J.

Vicenzo Guerra and Kimberly Guerra (collectively, “the plaintiffs”) appeal from an order dismissing their action filed against Southern Homes of Palm Beach, LLC (“the defendant”). The trial court’s order specifically provides that “the Court finds that ... there was no record activity during 60 days immediately following service of the [Notice of Lack of Prosecution],” and therefore, “this action is dismissed for lack of prosecution.” However, because the record reflects that there was record activity during the sixty days immediately following the service of the Notice of Lack of Prosecution, we reverse the order under review and remand with directions to reinstate the plaintiffs’ action filed against the defendant.

Reversed and remanded.

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Bluebook (online)

134 So. 3d 569, 2014 Fla. App. LEXIS 3978, 2014 WL 1092077, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guerra-v-southern-homes-of-palm-beach-llc-fladistctapp-2014.