Robinson v. Jones

District Court of Appeal of Florida

Robinson v. Jones

1 So. 3d 381, 2009 Fla. App. LEXIS 737, 2009 WL 249107

CourtDistrict Court of Appeal of Florida

DecidedFebruary 4, 2009

Docket4D08-156

StatusPublished

This text of 1 So. 3d 381 (Robinson v. Jones) 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

Robinson v. Jones, 1 So. 3d 381, 2009 Fla. App. LEXIS 737, 2009 WL 249107 (Fla. Ct. App. 2009).

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Opinion

PER CURIAM.

The circuit court dismissed a case for the failure of any of the parties to attend a status conference. The plaintiff below moved for rehearing under Florida Rule of Civil Procedure 1.530. The court believed that motion for rehearing was untimely. However, it was served “not later than 10 days after ... the date of filing of the judgment in a non-jury action.” Fla. R. Civ. P. 1.530(b). Service was properly made under Rule 1.080(b); service by mail is deemed completed on the date of mailing. See, e.g., Harris v. Harris, 670 So.2d 1187 (Fla. 5th DCA 1996). We therefore reverse and remand for the trial court to consider the motion for rehearing on the merits.

GROSS, C.J., FARMER and DAMOORGIAN, JJ., concur.

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PER CURIAM.

The circuit court dismissed a case for the failure of any of the parties to attend a status conference. The plaintiff below moved for rehearing under Florida Rule of Civil Procedure 1.530. The court believed that motion for rehearing was untimely. However, it was served “not later than 10 days after ... the date of filing of the judgment in a non-jury action.” Fla. R. Civ. P. 1.530(b). Service was properly made under Rule 1.080(b); service by mail is deemed completed on the date of mailing. See, e.g., Harris v. Harris, 670 So.2d 1187 (Fla. 5th DCA 1996). We therefore reverse and remand for the trial court to consider the motion for rehearing on the merits.

GROSS, C.J., FARMER and DAMOORGIAN, JJ., concur.

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Bluebook (online)

1 So. 3d 381, 2009 Fla. App. LEXIS 737, 2009 WL 249107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robinson-v-jones-fladistctapp-2009.

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