MARCLINE, MEMOSE AND MARC ALEXIS, APPELLANTS,
v.
FLORIDA INSURANCE GUARANTY ASSOCIATION, APPELLEE
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The Fourth District Court of Appeal reversed a trial court's dismissal of an insurance benefits claim, holding that dismissing a case sua sponte at a status conference without proper notice and opportunity to be heard violates due process. The court found the dismissal improper because it was not preceded by a properly filed and noticed motion to dismiss.
The trial court erred in dismissing the case with prejudice. A dismissal entered without proper notice to the parties results in a denial of due process. Dismissal must be predicated on a properly filed and noticed motion to dismiss or other dispositive motion.
[1] A trial court's dismissal of a case with prejudice entered after a status conference, without proper notice of the potential for dismissal, is improper and a denial of du…
[2] A dismissal of a cause of action on grounds not pleaded requires notice and an opportunity for the parties and counsel to be heard.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“When a trial judge sua sponte dismisses a cause of action on grounds 'not pleaded,' the trial judge denies the parties due process because the claim is being dismissed without 'notice and an opportunity for the parties and counsel to be heard.'”
Establishes the due process violation that occurred when the trial court dismissed the case at a status conference without proper notice.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAppellants filed a claim for benefits with the Florida Insurance Guaranty Association after their insurer became insolvent. After months without payme…
The full statement of facts, procedural history, and disposition for this case are member content.
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Appellants appeal the trial court’s order dismissing their case with prejudice. We hold that the dismissal order entered after a status conference was improper, and we reverse.
Appellants filed a claim for benefits with appellee after their insurer was declared insolvent. When several months passed without payment, appellants sued appellee, claiming breach of the insurance contract. Appellee responded by filing a motion to compel appraisal; the trial court granted the motion and the parties appraised the loss. Through the appraisal process, appellants were awarded $47,616.79. Appel-lee issued a check for the full amount and filed a notice that it could assert “no coverage defenses.”
Thereafter, the trial court held a status conference to consider appellants’ motion to add claims for additional living expenses and to adjudicate their claims for attorney’s fees. The trial court held that appellants had not alleged an entitlement to attorney’s fees, and the court dismissed the case “based upon the parties having been directed to appraisal, the appraisal having been completed and the award having been made.”
We conclude that the trial court erred in dismissing the case with preju*488dice. The hearing at which the case was dismissed was noticed as a status conference, and without proper notice, the entry of an order of dismissal results in a denial of due process. See, e.g., Liton Lighting v. Platinum Television Grp., Inc., 2 So.3d 366, 367 (Fla. 4th DCA 2008) (“When a trial judge sua sponte dismisses a cause of action on grounds ‘not pleaded,’ the trial judge denies the parties due process because the claim is being dismissed without ‘notice and an opportunity for the parties and counsel to be heard.’ ”) (citation omitted). Dismissal should be predicated on a properly filed and noticed motion to dismiss or other dispositive motion to protect the parties’ rights to due process. See Hagen v. Fla. Drug, Inc., 402 So.2d 57, 57 (Fla. 4th DCA 1981). While appellee had filed a motion for summary judgment, the motion was insufficient under Rule 1.510(c) and (e), as the motion was filed less than twenty days prior to the hearing and the documentary evidence submitted in support of the motion was not authenticated. See Servedio v. U.S. Bank Nat’l Ass’n, 46 So.3d 1105, 1108 (Fla. 4th DCA 2010). Because appellants had no notice that the claim might be dismissed at the hearing, the trial court’s order was improperly entered.
Accordingly, we reverse the order of dismissal and remand for further proceedings consistent with this opinion. Because we find the dismissal order to be disposi-tive of this appeal, we do not consider the merits of appellants’ claims for trial attorney’s fees.
Reversed and remanded.
MAY, DAMOORGIAN and LEVINE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Carter v. Pino, 139 So. 3d 457 (Fla. 3d DCA 2014)…h knell of the case without proper notice to Appellant and an opportunity to be heard on the issue. See Fla. R. Civ. P. 1.420(b); Edward L. Nezelek, Inc. v. Sunbeam Television Corp., 413 So. 2d 51 (Fla. 3d DCA 1982); Alexis v. Fla. Ins. Guar. Ass'n, 61 So. 3d 487 (Fla. 4th DCA 2011); Viets v. Am. Recruiters Enters. Inc., 922 So. 2d 1090 (Fla. [*458] 4th DCA 2006); Harris v. Filmon, 358 So. 2d 905 (Fla. 2d DCA 1978).…1 / 2
Authorities Cited
- Guiseppe Servedio v. US Bank Nat'l Ass'n, 46 So. 3d 1105 (Fla. 4th DCA 2010)
- Liton Lighting v. Platinum Television Grp., Inc., 2 So. 3d 366 (Fla. 4th DCA 2008)
- Hagen v. Fla. Drug, Inc., 402 So. 2d 57 (Fla. 4th DCA 1981)