FEDERAL HOME LOAN MORTGAGE, CORPORATION, A/K/A FREDDIE MAC, APPELLANT,
v.
JAMES J. LASCIO, AND SHERON M. LASCIO, HIS WIFE, ET AL., APPELLEES
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PER CURIAM.
Appellant, Federal Home Loan Mortgage Corporation, et al., plaintiff below, appeals the trial judge’s final order of dismissal entered without notice or hearing. The trial court, sua sponte, dismissed the case for failure to serve the defendants within 120 days of filing the complaint. The order was entered on the court’s own initiative without notice or on motion as required by Rule 1.070(i), Florida Rules of Civil Procedure (1993).
We reverse and remand with directions for the trial court to allow the plaintiff an opportunity to show good cause why service was not timely effected. See Connelly v. Crown Cruise Line, Inc. S.A., 636 So. 2d 886 (Fla. 4th DCA 1994); Alvarez v. U.S. Sec. Ins. Co., 650 So. 2d 707 (Fla. 3d DCA 1995).
REVERSED AND REMANDED.
GUNTHER, KLEIN and SHAHOOD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Carter v. Mendez, 139 So. 3d 984 (Fla. 4th DCA 2014)…ndamental requirements of due process, the trial court erred in dismissing Plaintiffs case without giving him an opportunity to show good cause why service was not made within the required time. Id.; see also Fed. Home Loan Mortg., Corp. v. Lascio, 653 So. 2d 1150 (Fla. 4th DCA 1995). The trial court also erred in dismissing Carter’s complaint with prejudice. That action was not one of the options available to it under rule 1.070(j). See Fla. R. Civ. P. 1.070(j) (emphasis added) (“[T]he court ... shall dismi…
Authorities Cited
- Bart Connelly v. Crown Cruise Line, 636 So. 2d 886 (Fla. 4th DCA 1994)
- Henry v. State, 650 So. 2d 707 (Fla. 3d DCA 1995)