METRO OBRAS, INC., ET AL., APPELLANTS,
v.
FEDERAL DEPOSIT INSURANCE CORPORATION, APPELLEE
METRO OBRAS, INC., ET AL., APPELLANTS,
FEDERAL DEPOSIT INSURANCE CORPORATION, APPELLEE
611 So. 2d 1356
Florida District Court of Appeal, Third District (1993)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
In the order now under review, the trial court set aside a dismissal for lack of prosecution on the ground that the plaintiff had not been given appropriate notice. See Harris v. Filmon, 358 So. 2d 905 (Fla. 2d DCA 1978). This order was properly entered pursuant to Fla.R.Civ.P. 1.540(b) and is therefore affirmed. Kanecke v. Lennar Homes, Inc., 543 So. 2d 784 (Fla. 3d DCA 1989); Falkner v. AmeriFirst Fed. Sav. & Loan Ass’n, 489 So. 2d 758 (Fla. 3d DCA 1986). The merits of a dismissal under Fla.R.Civ.P. 1.420(e) remain to be decided below.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Lesinski v. S. Fla. Water Mgmt. Dist., 226 So. 3d 964 (Fla. 4th DCA 2017)…sal order as void, pursuant to Florida Rule of Civil Procedure 1.540(b)(4), where the court entered the dismissal order [under rule 1.420(e)] without notice and the record reflected record activity.”) (emphasis added); Metro Obras, Inc. v. F.D.I.C., 611 So. 2d 1356, 1356 (Fla. 3d DCA 1993) ("[T]he trial court set aside a dismissal for lack of prosecution on the ground that the plaintiff had not been given appropriate notice. This order was properly entered pursuant to Fla. R. Civ. P. 1.540(b) and is therefore…
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Hamlin v. Shaughnessy Overland Express, Inc., 403 So. 3d 458 (Fla. 6th DCA 2025)
Authorities Cited
- Falkner v. Amerifirst Fed. Sav. & Loan Ass'n, 489 So. 2d 758 (Fla. 3d DCA 1986)
- Kanecke v. Lennar Homes, Inc., 543 So. 2d 784 (Fla. 3d DCA 1989)
- Harris v. Filmon, 358 So. 2d 905 (Fla. 2d DCA 1978)