Bank of America v. Thompson

Full title: BANK OF AMERICA, N.A., f/k/a NATIONSBANK, N.A. as successor to BARNETT…

Court: District Court of Appeal of Florida, Fourth District

Date published: May 9, 2001

784 So. 2d 548 (Fla. Dist. Ct. App. 2001)

Opinion

No. 4D01-16.

Opinion filed May 9, 2001.

Appeal of a non-final order from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Thomas M. Lynch, IV, Judge; L.T. Case No. 98-15779 11 CACE.

Lori L. Heyer-Bednar of Haley, Sinagra Perez, P.A., Fort Lauderdale, for appellant.

Nancy S. Landy of Altschul Landy, P.A., Weston, for appellees-Judith Tillman Thompson, individually, Norman L. Tillman, Inc., a Florida corporation, and Judith Tillman Thompson, as Personal Representative and beneficiary of the estate of Norman L. Tillman and as the remaining officer, director and shareholder of Norman L. Tillman, Inc.

PER CURIAM.

We find no gross abuse of discretion in the trial court's order granting appellee's motion to set aside a dismissal under Florida Rule of Civil Procedure 1.540(b)(1). See George v. Radcliffe, 753 So.2d 573, 574-75 (Fla. 4th DCA 1999). The underlying order of dismissal was entered for failure of appellee's attorney to attend a status conference, not for any misconduct connected to the litigation.

Klein, Stevenson and Gross, JJ., Concur.