Rodriguez v. Gonzalez Moving & Storage Co.
Rodriguez v. Gonzalez Moving & Storage Co.
Opinion of the Court
This is an appeal from a judgment of dismissal for failure to prosecute pursuant to Florida Rule of Civil Procedure 1.420(e). We hold in accordance with the general rule that, once proper notice of trial has been filed, the court has the duty to set the cause for trial. Balboa Insurance Co. v. Shores of Madeira, Inc., 457 So.2d 596 (Fla. 2d DCA 1984). See also Miami Nat’l Bank v. Greenfield, 488 So.2d 559, 562 (Fla. 3d DCA) (court has duty to set cause
The trial court is, therefore, directed to reinstate appellant’s cause of action.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.