Florida District Courts of Appeal, 1989

Martinez v. Leinster

Florida District Courts of Appeal · Decided March 2, 1989 · Cobb, Dauksch, Sharp

538 So. 2d 986; 14 Fla. L. Weekly 580; 1989 Fla. App. LEXIS 1014; 1989 WL 16660 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

This is an appeal from an order dismissing a cause of action for failure “to properly follow the Rules of Civil Procedure.” Because the record before us discloses that appellant sufficiently, although inartfully, attempted to have his case set for trial and otherwise followed the rules of civil procedure we quash the order of dismissal and remand the matter for trial.

ORDER QUASHED; REMANDED.

SHARP, C.J., and DAUKSCH and COBB, JJ., concur.

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