Howland Feed Mill, Inc. v. Hart
Cases that cite this one
4 later published cases cite this decision.
- Chemrock Corp. v. Tampa Electric Co. (Fla. 2011)
- Doris Sheppard v. Bruce Barman and Maureen Barman (Fla. Dist. Ct. App. 2025)
- Reyes v. Aqua Life Corp., Etc. (Fla. Dist. Ct. App. 2016)
- Metropolitan Dade County v. Hall (Fla. 2001)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The appellant challenges an order by which the trial court dismissed the appellant’s action below, based on a Florida Rule of Civil Procedure 1.420(e) failure to prosecute. The dismissal was entered upon a motion therefor made after the appellant filed a Florida Rule of Civil Procedure 1.440(b) notice asserting that the case was at issue and ready for trial, and in which the appellant asked the court for an order setting the case for trial. Although the court had not yet scheduled a trial date, this case does not appear to involve any exception to the usual procedures in this regard; the appellant’s rule 1.440(b) notice thus precludes the rule 1.420(e) dismissal. See Mikos v. Sarasota Cattle Co., 453 So.2d 402 (Fla. 1984).
The appealed order is reversed and the case is remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.