Joseph v. Norman Laporte Realty, Inc.

District Court of Appeal of Florida

Joseph v. Norman Laporte Realty, Inc.

483 So. 2d 557, 11 Fla. L. Weekly 506, 1986 Fla. App. LEXIS 6581

CourtDistrict Court of Appeal of Florida

DecidedFebruary 25, 1986

DocketNo. 85-1456

StatusPublished

This text of 483 So. 2d 557 (Joseph v. Norman Laporte Realty, 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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Joseph v. Norman Laporte Realty, Inc., 483 So. 2d 557, 11 Fla. L. Weekly 506, 1986 Fla. App. LEXIS 6581 (Fla. Ct. App. 1986).

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Opinion

PER CURIAM.

After a hearing on one defendant’s motion to dismiss one of many cross-claims filed by the numerous defendants, the trial judge entered a sua sponte order which dismissed all claims of all parties with prejudice. We reverse the order under review upon a finding that there was no justifiable, legal basis for the order of dismissal and that the order was entered without notice to the parties affected, thereby depriving them of an opportunity to be heard. Jeffrey’s, Inc. v. Restaurants, Inc., 156 So.2d 518 (Fla. 3d DCA 1963). See Hagen v. Florida Drug, Inc., 402 So.2d 57 (Fla. 4th DCA 1981). Cf. Crowder v. Oroweat Foods Co., 447 So.2d 1038, 1040 (Fla. 2d DCA 1984).

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PER CURIAM.

After a hearing on one defendant’s motion to dismiss one of many cross-claims filed by the numerous defendants, the trial judge entered a sua sponte order which dismissed all claims of all parties with prejudice. We reverse the order under review upon a finding that there was no justifiable, legal basis for the order of dismissal and that the order was entered without notice to the parties affected, thereby depriving them of an opportunity to be heard. Jeffrey’s, Inc. v. Restaurants, Inc., 156 So.2d 518 (Fla. 3d DCA 1963). See Hagen v. Florida Drug, Inc., 402 So.2d 57 (Fla. 4th DCA 1981). Cf. Crowder v. Oroweat Foods Co., 447 So.2d 1038, 1040 (Fla. 2d DCA 1984).

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483 So. 2d 557, 11 Fla. L. Weekly 506, 1986 Fla. App. LEXIS 6581, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joseph-v-norman-laporte-realty-inc-fladistctapp-1986.

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