JACK JOSEPH AND YOLANDE JOSEPH, HIS WIFE, APPELLANTS,
v.
NORMAN LAPORTE REALTY, INC., ANNIE MONTGOMERY, EQUITABLE RELOCATION MANAGEMENT CORP., SALLY DYSART, INC., RICHARD J. BARRETT AND MARILYN BARRETT, HIS WIFE AND EDWARD MONTGOMERY, APPELLEES

Fla. 3d DCA | 1986-02-25
No. 85-1456
Before HENDRY, HUBBART and NES-BITT, JJ.
483 So. 2d 557 Florida District Court of Appeal, Third District (1986)

Opinion of the Court
PER CURIAM.

[*558] PER CURIAM.

After a hearing on one defendant’s motion to dismiss one of many cross-claims filed by the numerous defendants, the trial judge entered a sua sponte order which dismissed all claims of all parties with prejudice. We reverse the order under review upon a finding that there was no justifiable, legal basis for the order of dismissal and that the order was entered without notice to the parties affected, thereby depriving them of an opportunity to be heard. Jeffrey’s, Inc. v. Restaurants, Inc., 156 So. 2d 518 (Fla. 3d DCA 1963). See Hagen v. Florida Drug, Inc., 402 So. 2d 57 (Fla. 4th DCA 1981). Cf. Crowder v. Oroweat Foods Co., 447 So. 2d 1038, 1040 (Fla. 2d DCA 1984).


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