Florida District Courts of Appeal, 1995

Federal Home Loan Mortgage, Corp. v. Lascio

Federal Home Loan Mortgage, Corp. v. Lascio
Florida District Courts of Appeal · Decided May 10, 1995 · Gunther, Klein, Shahood
653 So. 2d 1150; 1995 Fla. App. LEXIS 5057; 1995 WL 270925 (Southern Reporter, Second Series)

Federal Home Loan Mortgage, Corp. v. Lascio

Opinion of the Court

PER CURIAM.

Appellant, Federal Home Loan Mortgage Corporation, et al., plaintiff below, appeals the trial judge’s final order of dismissal entered without notice or hearing. The trial court, sua sponte, dismissed the case for failure to serve the defendants within 120 days of filing the complaint. The order was entered on the court’s own initiative without notice or on motion as required by Rule 1.070(i), Florida Rules of Civil Procedure (1993).

We reverse and remand with directions for the trial court to allow the plaintiff an opportunity to show good cause why service was not timely effected. See Connelly v. Crown Cruise Line, Inc. S.A., 636 So.2d 886 (Fla. 4th DCA 1994); Alvarez v. U.S. Sec. Ins. Co., 650 So.2d 707 (Fla. 3d DCA 1995).

REVERSED AND REMANDED.

GUNTHER, KLEIN and SHAHOOD, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.