TULSI
v.
RAMLAGAN, RAMLAGAN
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A final judgment entered following a trial is void when the trial court fails to comply with Rule 1.440(c) by not entering an order fixing the trial date with proper notice and the record does not support that the parties consented to the trial date.
[1] Compliance with Florida Rule of Civil Procedure 1.440(c), which requires a court order fixing a trial date with not less than 30 days' notice, is mandatory and designed t…
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Join FLexlaw to unlock all legal intelligence“[Rule 1.440] is designed to safeguard the parties' right to procedural due process.”
Court citing Brown v. Reynolds, 872 So. 2d 290, 297 (Fla. 2d DCA 2004)
Maylene Tulsi appealed a final judgment entered by the circuit court following what the court characterized as a trial. However, the court never prope…
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DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
MAYLENE TULSI,
Appellant,
v.
PRAVU RAMLAGAN, as personal representative of the Estate of Narendranauth Ramlagan, deceased,
Appellee.
Nos. 2D2024-0902, 2D2024-1592
CONSOLIDATED
May 21, 2025
Appeal from the Circuit Court for Hillsborough County; Nancy L. Jacobs, Judge.
Nicole Deese Newlon of Johnson, Newlon & DeCort, P.A., Tampa, for Appellant.
Allison M. Perry of Florida Appeals, P.A., Tampa, for Appellee.
ROTHSTEIN-YOUAKIM, Judge. Maylene Tulsi appeals a final judgment entered by the circuit court purportedly following a trial. But the court never noticed the trial for the date on which it supposedly took place, see Fla. R. Civ. P. 1.440(c) (2023) ("If the court finds the action ready to be set for trial, it shall enter an order fixing a date for trial. Trial shall be set not less than 30 days from the service of the notice for trial."); see also Brown v. Reynolds, 872 So. 2d 290, 297 (Fla. 2d DCA 2004) ("[Rule 1.440] is designed to safeguard
KHOUZAM and MOE, JJ., Concur.
Opinion subject to revision prior to official publication.