Rodriguez v. Gonzalez Moving & Storage Co.

Florida District Courts of Appeal
Rodriguez v. Gonzalez Moving & Storage Co., 595 So. 2d 275 (1992)
1992 Fla. App. LEXIS 2692; 1992 WL 48790
Goderich, Jorgenson, Remanded, Schwartz

Rodriguez v. Gonzalez Moving & Storage Co.

Opinion of the Court

PER CURIAM.’

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 *276noticed by plaintiff for trial; failure to do so precludes dismissal for failure to prosecute despite lack of record activity during ensuing year), rev. denied, 497 So.2d 1217 (Fla. 1986).

The trial court is, therefore, directed to reinstate appellant’s cause of action.

Reversed and remanded.

Reference

Full Case Name
Aleida RODRIGUEZ and Pedro Rodriguez v. GONZALEZ MOVING & STORAGE CO.
Cited By
1 case
Status
Published