HOWLAND FEED MILL, INC., APPELLANT,

v.

ERNEST HART AND LEWIS WHITEHEAD D/B/A H & W DAIRY, APPELLEES

Citator

Cited By

• Metro. Dade Cnty. v. Hall, 784 So. 2d 1087 (Fla. 2001)
  …whether good cause exists. We also note that when there is record activity occurring during the preceding year, such as a notice for trial which has not been acted on by the trial court, good cause always exists. See Howland Feed Mill, Inc. v. Hart, 774 So. 2d 962 (Fla. 1st DCA 2001). However, we expressly state that, when there is no record activity for a year and a hearing is set on a dismissal motion, the non-moving party must set forth in writing five days before the hearing the record activities that mov…
• Chemrock Corp. v. Tampa Elec. Co., 71 So. 3d 786 (Fla. 2011)
  …tter is ready for trial, it is the court’s duty to set the cause for trial.... Failure of the trial court to set the case for trial precludes dismissal for failure to prosecute despite the lack of record activity.”); Howland Feed Mill, Inc. v. Hart, 774 So. 2d 962 (Fla. 1st DCA 2001) (holding that the filing of a notice asserting that the case was at issue and ready for trial and asking the court to set the case for trial “precludes the rule 1.420(e) dismissal”). I agree with the majority’s bright-line inter…
• Reyes v. Aqua Life Corp., 209 So. 3d 47 (Fla. 3d DCA 2016)
  …8) (holding that “the bar against dismissal terminates after the trial court has taken action in response to the notice for trial”); Cabrera v. Pazos, Larrinaga & Taylor, P.A., 922 So. 2d 422, 424 (Fla. 2d DCA 2006); Howland Feed Mill, Inc. v. Hart, 774 So. 2d 962 (Fla. 1st DCA 2001). The third and most egregious error, however, was the failure to give Reyes notice and an opportunity to be heard, which denied Reyes his fundamental right to due process. State, Dep’t of Revenue ex rel. Johnson v. Haughton, 188…

Authorities Cited

• Mikos v. Sarasota Cattle Co. & Charles E. Early, 453 So. 2d 402 (Fla. 1984)