Herrell v. Allis-Chalmers Corporation

Full title: W.C. HERRELL, JR., APPELLANT, v. ALLIS-CHALMERS CORPORATION, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Mar 23, 1982

411 So. 2d 306 (Fla. Dist. Ct. App. 1982)

Opinion

No. 81-156.

March 23, 1982.

Appeal from Circuit Court, Dade County; Jon I. Gordon, Judge.

Dixon, Dixon, Hurst, Nicklaus Webb, Daniels Hicks and Patrice A. Talisman, Miami, for appellant.

Greene Cooper and Marc Cooper, Corlett, Merritt, Killian Sikes and David F. McIntosh, Miami, for appellee.

Before SCHWARTZ, NESBITT and BASKIN, JJ.

PER CURIAM.

The sua sponte dismissal of the cause without prejudice because both parties failed timely to file a pre-trial catalogue was an abuse of discretion and is reversed. Maqueira v. Almas, 409 So.2d 199 (Fla. 3d DCA 1982); see also, Techno Industrial Corp. v. Cooper Industries, Inc., 410 So.2d 584 (Fla. 3d DCA Case no. 81-278, opinion filed, February 23, 1982).