IN RE FORFEITURE OF: 1977 CHEVROLET CORVETTE, IDENTIFICATION NO. 1Z37L7S413598. CITY OF AUBURNDALE, APPELLANT,
v.
SIDNEY HIGGS WILLIAMS, APPELLEE

Fla. 2d DCA | 1993-06-11
No. 92-03402
SCHOONOVER, A.C.J., and BLUE, J., concur.
619 So. 2d 476 Florida District Court of Appeal, Second District (1993) Positive Treatment
Cited by 2 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

The City of Auburndale appealed the dismissal of its forfeiture action for failure to prosecute. The court reversed, holding that the City was not required to comply with the failure-to-prosecute rule because it never received notice that the trial court had set aside the final judgment of forfeiture, and the rule does not apply once a final judgment has been entered.


Holding

The trial court erred in dismissing the case. Rule 1.420(e) does not apply once a final judgment has been entered, and failure to receive notice of court proceedings establishes good cause to permit a case to remain pending. The court reversed the dismissal and vacated the December 1990 order setting aside the judgment.


Headnotes

[1] A trial court errs in dismissing a case for failure to prosecute when a party lacks notice of an order setting aside a prior final judgment.

[2] A party's lack of notice of a court order setting aside a final judgment constitutes good cause to permit a case to remain pending.

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Key Quotes

“Florida Rule of Civil Procedure 1.420(e) does not apply once final judgment has been entered. The rationale for this conclusion is that the practical effect of a dismissal for failure to prosecute nullifies a valid judgment.”

Establishes the key legal principle that the failure-to-prosecute rule does not apply after final judgment

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Facts & Procedural History

The City seized a Corvette from Sidney Williams in June 1990 and obtained a final judgment and order of forfeiture in October 1990. The City sold the …

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Opinion of the Court
PARKER, Judge.

PARKER, Judge.

The City of Auburndale (City) appeals the trial court’s final order which dismissed the City’s forfeiture case for failure to prosecute. We reverse because the City did not receive notice that the final judgment and final-order of forfeiture had been set aside.

In order to resolve this matter, it is important to review the sequence of events in this case set forth below.

June 10, 1990 — The City seized a Corvette from Sidney Williams.

July 23, 1990 — The City filed a Petition for Rule to Show Cause and for Final Order of Forfeiture.

September 21, 1990 — The trial court issued a Rule to Show Cause.

October 24, 1990 — The trial court rendered a Final Judgment and Final Order of Forfeiture.

November 20, 1990 — City sold Corvette pursuant to the final judgment.

December 10, 1990 — Circuit Judge Curry signed an Order setting aside final judgment and final order of forfeiture.

June 15, 1992 — Williams filed motion to dismiss.

From the record and affidavits submitted, it is undisputed that Judge Curry’s order setting aside the final judgment and final order of forfeiture was signed and filed without any notice to the parties, and without a copy of the order being provided to the City. Additionally, there is no record of a hearing regarding this matter before Judge Curry’s order was entered. The attorney for the City was unaware of the order until he appeared pursuant to Williams’s motion to dismiss.

Florida Rule of Civil Procedure 1.420(e), failure to prosecute, provides for the dismissal of a civil case if no activity appears on the face of the record for a period of one year. However, the rule provides that the trial court may permit the case to remain pending if a party shows good cause in writing five days before the hearing as to why the action should remain pending. While it is questionable whether the City filed good cause in writing, we conclude that the trial court erred in dismissing this case.

Until the City arrived at the hearing on the motion to dismiss, it was unaware of Judge Curry’s order setting aside the final judgment and final order of forfeiture. The City had a right to assume that the final order of forfeiture was still the controlling document in the court file. Not only was it error for the court to enter the order without notice and hearing, but also failure to receive notice of court proceedings establishes good cause to permit a case to remain pending. Barnett Bank of South Florida, N.A, v. Picchi, 503 So. 2d 1373 (Fla. 4th DCA 1987), approved, 521 So. 2d 1090 (Fla.1988); Moss v. State Farm Mut. Auto. Ins. Co., 328 So. 2d 495 (Fla. 4th DCA 1976).

Under the particular facts of this case, we find that the City is not required to comply with the good cause in writing requirement. In Ravel v. Ravel, 326 So. 2d 223 (Fla. 2d DCA 1976), this court concluded that Florida Rule of Civil Procedure 1.420(e) does not apply once final judgment has been entered. The rationale for this conclusion is that the practical effect of a dismissal for failure to prosecute nullifies a valid judgment. Ravel, 326 So. 2d at 224. In this case, the City relied on a valid final judgment and sold the car at a public auction. The City believed the matter was closed; therefore, there was no need for further record activity. The purpose of rule 1.420(e) is to move the case toward resolution. In this case the matter was resolved. It is not clear why the order setting aside was entered, or on whose motion. However, it is clear from the record that the proper car was auctioned according to the proper final order. Furthermore, Williams was given personal notice as well as public notice; therefore, he cannot claim prejudice.

Accordingly, we reverse the order dismissing the City’s forfeiture action and vacate the trial court’s order dated December 10,1990, which set aside the final judgment and final order of forfeiture.

SCHOONOVER, A.C.J., and BLUE, J., concur.


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Citator

Cited By

  • Miranda v. Volvo N. Am. Corp., 763 So. 2d 536 (Fla. 3d DCA 2000)
    …docket clutter notwithstanding, Rule 1.420(e) serves a narrow purpose: to encourage the movement of a case towards a conclusion on the merits. See Psychiatric Assocs. v. Siegel, 610 So. 2d 419 (Fla.1992); In re Forfeiture of 1977 Chevrolet Corvette, 619 So. 2d 476 (Fla. 2d DCA 1993). Trial courts do not have the inherent right to dismiss cases for failure to prosecute under the rule as a case management tool. Dismissal under 1.420(e) is limited to cases where there is a lack of record activity for periods of…

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