R & A TRUCKING, INC., APPELLANT,
v.
GENERAL HOST CORPORATION, D/B/A LI'L GENERAL STORES, APPELLEE

Fla. 3d DCA | 1981-06-16
No. 80-2444
Before HUBBART, C. J., and SCHWARTZ and DANIEL S. PEARSON, JJ.
399 So. 2d 1058 Florida District Court of Appeal, Third District (1981) Positive Treatment
Cited by 2 cases

Opinion of the Court
DANIEL S. PEARSON, Judge.

. R & A moved to set aside the dismissal on the same ground it asserts on this appeal. Thus, the motion suggested no ground for relief under Florida Rule of Civil Procedure 1.540 and, moreover, under any potentially applicable provisions of that rule, was untimely. Waiswilos v. Feacher, 370 So. 2d 1250 (Ha. 4th DCA 1979); Brown v. Morella, 371 So. 2d 571 (Fla. 4th DCA 1979) (Anstead, J., dissenting). Even under former Rule 1.420(e), inapplicable to these proceedings, which permitted a motion to reinstate, such a motion was required to be made within thirty days of dismissal. Waiswilos v. Feacher, supra.


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  • …iting City of Miami v. Dade County, 321 So. 2d 140 (Fla. 3d DCA 1975), cert. denied, 334 So. 2d 604 (Fla.1976). See also Yankee Construction Corp. v. Jones-Mahoney Corp., 430 So. 2d 973 (Fla. 2d DCA 1983); R & A Trucking, Inc. v. General Host Corp., 399 So. 2d 1058 (Fla. 3d DCA 1981); Visuna v. Metroyolitan Transit Authority, 353 So. 2d 183 (Fla. 3d DCA 1977). We agree with the decision below in all respects. A trial judge has sole discretion in determining the order in which cases will be tried. Lawyers simp…

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