Florida District Courts of Appeal, 2001

HHH Equities, Inc. v. Hall

HHH Equities, Inc. v. Hall
Florida District Courts of Appeal · Decided November 7, 2001 · Gross, Klein, Shahood
798 So. 2d 887; 2001 Fla. App. LEXIS 15700; 2001 WL 1359931 (Southern Reporter, Second Series)

HHH Equities, Inc. v. Hall

Opinion of the Court

KLEIN, J.

The trial court dismissed this case for failure to prosecute under rule 1.420(e) because no action had been taken to prosecute the case in one year. The court concluded that a notice for trial filed with the clerk during the one year period was insufficient, because the notice had only been filed with the clerk and not sent to the court’s judicial assistant so that the court would have known to set the case for trial.

Rule 1.440(b) contains no requirement that a notice of trial be sent to the judge. The rule requires that the clerk shall submit the notice for trial and the case file to the court. Reversed.

SHAHOOD and GROSS, JJ., concur.

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