HHH Equities, Inc. v. Hall

District Court of Appeal of Florida

HHH Equities, Inc. v. Hall

798 So. 2d 887, 2001 Fla. App. LEXIS 15700, 2001 WL 1359931

CourtDistrict Court of Appeal of Florida

DecidedNovember 7, 2001

DocketNo. 4D01-799

StatusPublished

This text of 798 So. 2d 887 (HHH Equities, Inc. v. Hall) 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

HHH Equities, Inc. v. Hall, 798 So. 2d 887, 2001 Fla. App. LEXIS 15700, 2001 WL 1359931 (Fla. Ct. App. 2001).

Pincite

Opinion

KLEIN, J.

The trial court dismissed this case for failure to prosecute under rule 1.420(e) because no action had been taken to prosecute the case in one year. The court concluded that a notice for trial filed with the clerk during the one year period was insufficient, because the notice had only been filed with the clerk and not sent to the court’s judicial assistant so that the court would have known to set the case for trial.

Rule 1.440(b) contains no requirement that a notice of trial be sent to the judge. The rule requires that the clerk shall submit the notice for trial and the case file to the court. Reversed.

SHAHOOD and GROSS, JJ., concur.

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KLEIN, J.

The trial court dismissed this case for failure to prosecute under rule 1.420(e) because no action had been taken to prosecute the case in one year. The court concluded that a notice for trial filed with the clerk during the one year period was insufficient, because the notice had only been filed with the clerk and not sent to the court’s judicial assistant so that the court would have known to set the case for trial.

Rule 1.440(b) contains no requirement that a notice of trial be sent to the judge. The rule requires that the clerk shall submit the notice for trial and the case file to the court. Reversed.

SHAHOOD and GROSS, JJ., concur.

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Bluebook (online)

798 So. 2d 887, 2001 Fla. App. LEXIS 15700, 2001 WL 1359931, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hhh-equities-inc-v-hall-fladistctapp-2001.