Summary
In Foremost Insurance Co. v. Barkett, 441 So.2d 179 (Fla. 4th DCA 1983), we granted a writ of mandamus because of an inadequate notice of trial which prejudiced the parties.
Summary of this case from Fireman's Fund Ins. Co. v. WeissingOpinion
No. 83-2467.
November 22, 1983.
Petition for Emergency Writ of Mandamus for Circuit Court, of Palm Beach County; Rosemary Barkett, Judge.
Edward R. Curtis of Fertig Curtis, P.A., Fort Lauderdale, for petitioner.
David L. Crow of Paxton, Crow, Bragg Austin, P.A., West Palm Beach, for defendant-Florida Power and Light Co.
Petitioner seeks a Writ of Mandamus directed to Respondent trial judge to require the trial court to give the parties adequate notice of the trial date as required by Florida Rule of Civil Procedure 1440(c).
We "requested" responses from any and all parties. Having received a response only from the defendant in the trial court which agreed with petitioner that the notice was inadequate and prejudiced the parties, we grant the Writ of Mandamus and direct the trial court to furnish notice of trial to the parties in accordance with the referenced rule.
DOWNEY, BERANEK and HURLEY, JJ., concur.