Florida District Courts of Appeal, 1993

Metro Obras, Inc. v. Federal Deposit Insurance

Metro Obras, Inc. v. Federal Deposit Insurance
Florida District Courts of Appeal · Decided January 19, 1993 · Ferguson, Gersten, Schwartz
611 So. 2d 1356; 1993 Fla. App. LEXIS 1186 (Southern Reporter, Second Series)

Metro Obras, Inc. v. Federal Deposit Insurance

Opinion of the Court

PER CURIAM.

In the order now under review, the trial court set aside a dismissal for lack of prosecution on the ground that the plaintiff had not been given appropriate notice. See Harris v. Filmon, 358 So.2d 905 (Fla. 2d DCA 1978). This order was properly entered pursuant to Fla.R.Civ.P. 1.540(b) and is therefore affirmed. Kanecke v. Lennar Homes, Inc., 543 So.2d 784 (Fla. 3d DCA 1989); Falkner v. AmeriFirst Fed. Sav. & Loan Ass’n, 489 So.2d 758 (Fla. 3d DCA 1986). The merits of a dismissal under Fla.R.Civ.P. 1.420(e) remain to be decided below.

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