ALEIDA RODRIGUEZ AND PEDRO RODRIGUEZ, APPELLANTS,
v.
GONZALEZ MOVING & STORAGE CO., APPELLEE
PER CURIAM.’
This is an appeal from a judgment of dismissal for failure to prosecute pursuant to Florida Rule of Civil Procedure 1.420(e). We hold in accordance with the general rule that, once proper notice of trial has been filed, the court has the duty to set the cause for trial. Balboa Insurance Co. v. Shores of Madeira, Inc., 457 So. 2d 596 (Fla. 2d DCA 1984). See also Miami Nat’l Bank v. Greenfield, 488 So. 2d 559, 562 (Fla. 3d DCA) (court has duty to set cause noticed by plaintiff for trial; failure to do so precludes dismissal for failure to prosecute despite lack of record activity during ensuing year), rev. denied, 497 So. 2d 1217 (Fla.1986).
The trial court is, therefore, directed to reinstate appellant’s cause of action.
Reversed and remanded.
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Arleen Hansen Carlson v. Jeflis Prop. Mgmt. Corp., 904 So. 2d 642 (Fla. 2d DCA 2005)…f prosecution. See, Mikos v. Sarasota Cattle Co., 453 So. 2d 402 (Fla.1984); Young v. Mobile Dental Health, Inc., 730 So. 2d 766 (Fla. 2d DCA 1999); Pierstorff v. Stroud, 454 So. 2d 564 (Fla. 2d DCA 1983); Rodriguez v. Gonzalez Moving & Storage Co., 595 So. 2d 275 (Fla. 3d DCA 1992).2 As the Fourth [*645] District stated in Fox v. Playa Del Sol Ass’n, 446 So. 2d 126 (Fla. 4th DCA 1983), “After notice of trial, absent any other happening, the ball was in the court’s court.” Id. at 127; see also Lucaya Beach Ho…
Authorities Cited
- Balboa Ins. Co. v. Shores OF Madeira, Inc., 457 So. 2d 596 (Fla. 2d DCA 1984)
- Sedano's Mkt., Inc. v. Aleman, 488 So. 2d 559 (Fla. 3d DCA 1986)
- Miami Nat'l Bank v. Leo Greenfield, Leo Greenfield, P.A., 488 So. 2d 559 (Fla. 3d DCA 1986)