OAKLAND PARK MRI, INC. A/A/O JOSE CRUZ
v.
PROGRESSIVE SELECT INSURANCE COMPANY
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A trial court violates due process when it sua sponte dismisses a complaint without providing notice and an opportunity to be heard.
[1] A trial court violates due process when it sua sponte dismisses a complaint without providing the parties with notice and an opportunity to be heard.
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Join FLexlaw to unlock all legal intelligenceOakland Park MRI, Inc. a/a/o Jose Cruz filed suit against Progressive Select Insurance Company. The trial court dismissed the complaint due to the par…
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PER CURIAM. Appellant appeals the dismissal of its complaint due to the parties’ failure to file a joint pretrial stipulation. Appellant argues it was denied due process because the trial court sua sponte dismissed its complaint without notice or an opportunity to be heard. Appellee concedes error. Accordingly, we reverse and remand for further proceedings. See, e.g., Fed. Nat’l Mortg. Ass’n v. Sanchez, 187 So. 3d 341, 342 (Fla. 4th DCA 2016). Reversed and remanded for further proceedings. GROSS, DAMOORGIAN and LEVINE, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.
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- Fed. Nat'l Mortg. Ass'n v. Astrid Sanchez, 187 So. 3d 341 (Fla. 4th DCA 2016)