STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, APPELLANT,
v.
CREST PRODUCTS, INC., APPELLEE
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A trial court cannot dismiss a case for failure to prosecute after the plaintiff has filed a notice for trial.
The DEP filed a notice for trial, but the trial court dismissed the case on its own motion for failure to prosecute due to a lack of further record ac…
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WHATLEY, Judge.
The appellant, the State of Florida Department of Environmental Protection (DEP), challenges the trial court’s order of dismissal for failure to prosecute. The appellee, Crest Products, Inc., concedes that the matter should not have been dismissed. We reverse.
The DEP filed a notice for trial on December 18, 1991, but the trial court failed to set the case for trial. There was no other record activity in the case since the filing of the notice for trial. The trial court dismissed the case on its own motion for failure to prosecute.
Once a plaintiff has filed a notice for trial, it is the trial court’s responsibility to enter an order setting a trial date. Mikos v. Sarasota Cattle Co., 453 So. 2d 402 (Fla.1984); Brown v. U.S. Sugar Corp., 562 So. 2d 752 (Fla. 1st DCA 1990). The filing of the notice bars the trial court from dismissing the action for lack of prosecution. Mikos. Consequently, in this ease, the trial court was barred from dismissing the action after the DEP filed its notice for trial.
Accordingly, we reverse and remand for proceedings consistent with this opinion.
SCHOONOVER, A.C.J., and FRANK, J., concur.
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Alina C. Young v. Mobile Dental Health, Inc., 730 So. 2d 766 (Fla. 2d DCA 1999)…date for trial, and it is the filing of the notice which bars the court from dismissing the action for lack of prosecution. See Mikos v. Sarasota Cattle Co., 453 So. 2d 402 (Fla.1984); State Dep’t of Environmental Protection v. Crest Products, Inc., 671 So. 2d 211 (Fla. 2d DCA 1996). Therefore, since Young filed a notice [*767] for trial and the trial court did not set the cause for trial, the court was barred from dismissing Young’s claim for lack of prosecution. Accordingly, we reverse the dismissal order…
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Fla. Power & Light Co. v. Albert Litter Studios, Inc., 896 So. 2d 891 (Fla. 3d DCA 2005)…the plaintiffs basis for seeking the relief.” In contrast to these authorities, Albert Litter relies primarily upon two cases, Southern Bell Tel. & Tel. Co. v. Mobile America Corp., 291 So. 2d 199 (Fla.1974) and Florida Power & Light Co. v. Glazer, 671 So. 2d 211 (Fla. 3d DCA 1996), for its argument that the circuit court maintains concurrent jurisdiction over this action. Upon careful review, we conclude that these cases do more to confirm our analysis than challenge it, as Albert Litter would prefer. In M…
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Hannon v. Nassr, 701 So. 2d 445 (Fla. 3d DCA 1997)…activity, to-wit: the filing of a Notice of Taking Deposition, Supplemental Interrogatories to Defendant and a Notice for Trial, during the one-year period preceding the order.1 State Department of Environmental Protection v. Crest Products, Inc., 671 So. 2d 211 (Fla. 2d DCA 1996)(the filing of a notice for trial bars the trial court from dismissing the action for lack of prosecution); Oak Casualty Insurance Company v. Home, 661 So. 2d 423 (Fla. 3d DCA 1995). Reversed. . Ordinarily, the filing of a Mot…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Mikos v. Sarasota Cattle Co. & Charles E. Early, 453 So. 2d 402 (Fla. 1984)
- Brown v. U.S. Sugar Corp. & Gallagher Bassett Servs., 562 So. 2d 752 (Fla. 1st DCA 1990)