Rodriguez v. Gonzalez Moving & Storage Co.

District Court of Appeal of Florida

Rodriguez v. Gonzalez Moving & Storage Co.

595 So. 2d 275, 1992 Fla. App. LEXIS 2692, 1992 WL 48790

CourtDistrict Court of Appeal of Florida

DecidedMarch 17, 1992

DocketNo. 91-856

StatusPublished

Cited by1 cases

This text of 595 So. 2d 275 (Rodriguez v. Gonzalez Moving & Storage Co.) 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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Rodriguez v. Gonzalez Moving & Storage Co., 595 So. 2d 275, 1992 Fla. App. LEXIS 2692, 1992 WL 48790 (Fla. Ct. App. 1992).

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Opinion

PER CURIAM.’

This is an appeal from a judgment of dismissal for failure to prosecute pursuant to Florida Rule of Civil Procedure 1.420(e). We hold in accordance with the general rule that, once proper notice of trial has been filed, the court has the duty to set the cause for trial. Balboa Insurance Co. v. Shores of Madeira, Inc., 457 So.2d 596 (Fla. 2d DCA 1984). See also Miami Nat’l Bank v. Greenfield, 488 So.2d 559, 562 (Fla. 3d DCA) (court has duty to set cause [276]*276noticed by plaintiff for trial; failure to do so precludes dismissal for failure to prosecute despite lack of record activity during ensuing year), rev. denied, 497 So.2d 1217 (Fla.1986).

The trial court is, therefore, directed to reinstate appellant’s cause of action.

Reversed and remanded.

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PER CURIAM.’

This is an appeal from a judgment of dismissal for failure to prosecute pursuant to Florida Rule of Civil Procedure 1.420(e). We hold in accordance with the general rule that, once proper notice of trial has been filed, the court has the duty to set the cause for trial. Balboa Insurance Co. v. Shores of Madeira, Inc., 457 So.2d 596 (Fla. 2d DCA 1984). See also Miami Nat’l Bank v. Greenfield, 488 So.2d 559, 562 (Fla. 3d DCA) (court has duty to set cause [276]*276noticed by plaintiff for trial; failure to do so precludes dismissal for failure to prosecute despite lack of record activity during ensuing year), rev. denied, 497 So.2d 1217 (Fla.1986).

The trial court is, therefore, directed to reinstate appellant’s cause of action.

Reversed and remanded.

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595 So. 2d 275, 1992 Fla. App. LEXIS 2692, 1992 WL 48790, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rodriguez-v-gonzalez-moving-storage-co-fladistctapp-1992.

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