Summary
holding that the filing of a notice asserting that the case was at issue and ready for trial and asking the court to set the case for trial “precludes the rule 1.420(e) dismissal”
Summary of this case from Chemrock Corporation v. Tampa Electric CompanyOpinion
Case No. 1D00-1757
Opinion filed January 17, 2001.
An appeal from Circuit Court for Suwannee County. Thomas J. Kennon, Jr., Judge.
Andrew J. Decker, III, of Law Office of Andrew J. Decker, III, P.A., for Appellant.
Stephen C. Bullock and Kris B. Robinson of Brannon, Brown, Haley, Robinson Bullock, P.A., Lake City, for Appellees.
The appellant challenges an order by which the trial court dismissed the appellant's action below, based on a Florida Rule of Civil Procedure 1.420(e) failure to prosecute. The dismissal was entered upon a motion therefor made after the appellant filed a Florida Rule of Civil Procedure 1.440(b) notice asserting that the case was at issue and ready for trial, and in which the appellant asked the court for an order setting the case for trial. Although the court had not yet scheduled a trial date, this case does not appear to involve any exception to the usual procedures in this regard; the appellant's rule 1.440(b) notice thus precludes the rule 1.420(e) dismissal. See Mikos v. Sarasota Cattle Co., 453 So.2d 402 (Fla. 1984).
The appealed order is reversed and the case is remanded.
MINER, ALLEN and BENTON, JJ., CONCUR.