Summary
reversing order of dismissal when the court dismissed appellant's case at a case management conference without notice because "[d]ue process requires the trial court to provide notice and an opportunity to be heard prior to dismissal"
Summary of this case from Lake Pointe Tr. Corp. v. ColemanOpinion
No. 4D15–3150.
05-25-2016
PROGRESSIVE AMERICAN INSURANCE COMPANY a/s/o Shawn Miller, Appellant, v. Harris David GOLDSMITH, Appellee.
Robert J. Lindeman of Marcadis Singer P.A., Tampa, for appellant. No appearance for appellee.
Robert J. Lindeman of Marcadis Singer P.A., Tampa, for appellant.
No appearance for appellee.
PER CURIAM.
In this case, the lower court dismissed appellant's case at a case management conference without notice. Due process requires the trial court to provide notice and an opportunity to be heard prior to dismissal. Fed. Nat'l Mortg. Ass'n v. Sanchez, 187 So.3d 341 (Fla. 4th DCA 2016). Because the lower court did not provide appellant with notice, we reverse and remand.
Reversed and remanded.
STEVENSON, DAMOORGIAN and LEVINE, JJ., concur.