Florida District Courts of Appeal, 1992

McManus v. Atlantic Sugar Ass'n

McManus v. Atlantic Sugar Ass'n
Florida District Courts of Appeal · Decided July 22, 1992 · Anstead, Glickstein, Letts
600 So. 2d 1317; 1992 Fla. App. LEXIS 8105; 1992 WL 170991 (Southern Reporter, Second Series)

McManus v. Atlantic Sugar Ass'n

Dissenting Opinion

ANSTEAD, Judge,

dissenting.

Although it is far from clear, it appears that appellant has never received a proper hearing on his claim that he was never notified of either his attorney’s withdrawal from the case, or of a motion to dismiss the case for lack of prosecution. I am doubly concerned here because it appears that a number of snafus in the maintenance of appellant’s circuit court file may be responsible. In addition, it appears that the trial court continues to have jurisdiction of the case, if for no other reason than that there has been no final order or judgment of dismissal entered in the case. See Russell v. Russell, 507 So.2d 661 (Fla. 4th DCA 1987).

Opinion of the Court

PER CURIAM.

Affirmed. See Atlas v. City of Pembroke Pines, 441 So.2d 652 (Fla. 4th DCA 1983), rev. denied, 450 So.2d 485 (Fla. 1984); Perkins v. Salem, 249 So.2d 466 (Fla. 1st DCA 1971).

GLICKSTEIN, C.J., and LETTS, J., concur. ANSTEAD, J., dissents with opinion.

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