FOREMOST INSURANCE COMPANY, PETITIONER,
v.
THE HONORABLE JUDGE BARRETT, RESPONDENT

Fla. 4th DCA | 1983-11-22
No. 83-2467
DOWNEY, BERANEK and HURLEY, JJ., concur.
441 So. 2d 179 Florida District Court of Appeal, Fourth District (1983) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

[*180] PER CURIAM.

Petitioner seeks a Writ of Mandamus directed to Respondent trial judge to require the trial court to give the parties adequate notice of the trial date as required by Florida Rule of Civil Procedure 1440(c).

We “requested” responses from any and all parties. Having received a response only from the defendant in the trial court which agreed with petitioner that the notice was inadequate and prejudiced the parties, we grant the Writ of Mandamus and direct the trial court to furnish notice of trial to the parties in accordance with the referenced rule.

DOWNEY, BERANEK and HURLEY, JJ., concur.


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  • Gawker Media, LLC v. Bollea, 170 So. 3d 125 (Fla. 2d DCA 2015)
    …CA 1990); Lauxmont Farms, Inc. v. Flavin, 514 So. 2d 1133 (Fla. 5th DCA 1987); Bennett v. Cont’l Chems., Inc., 492 So. 2d 724 (Fla. 1st DCA 1986); Fireman’s Fund Ins. Co. v. Weissing, 448 So. 2d 630 (Fla. 4th DCA 1984); Foremost Ins. Co. v. Barkett, 441 So. 2d 179 (Fla. 4th DCA 1983). Indeed, a trial court’s obligation to hew strictly to the rule’s terms is so well established that it may be enforced by a writ of mandamus compelling the court to strike a noncompliant notice for trial or to remove a case from…
  • …PER CURIAM. In Foremost Insurance Co. v. Barkett, 441 So. 2d 179 (Fla. 4th DCA 1983), we granted a writ of mandamus because of an inadequate notice of trial which prejudiced the parties. In the case at bar, the petitioner/ defendant received no notice of trial. See Rule 1.440(b) and (c), Florida Rules of Civil Pr…

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