Opinion

Metro Obras, Inc. v. Federal Deposit Insurance

1993 Fla. App. LEXIS 1186 · District Court of Appeal of Florida · Jan 19, 1993

Full text

METRO OBRAS, INC. v. FEDERAL DEPOSIT INSURANCE CORPORATION

PER CURIAM. In the order now under review, the trial court set aside a dismissal for lack of prosecution on the ground that the plaintiff had not been given appropriate notice. See Harris v. Filmon, 358 So.2d 905 (Fla. 2d DCA 1978). This order was properly entered pursuant to Fla.R.Civ.P. 1.540(b) and is therefore affirmed. Kanecke v. Lennar Homes, Inc., 543 So.2d 784 (Fla. 3d DCA 1989); Falkner v. AmeriFirst Fed. Sav. & Loan Ass’n, 489 So.2d 758 (Fla. 3d DCA 1986). The merits of a dismissal under Fla.R.Civ.P. 1.420(e) remain to be decided below.

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Metadata

Status: Published
Author
Judges: Ferguson, Gersten, Schwartz
Cluster ID: 7690857

Citations

1993 Fla. App. LEXIS 1186
611 So. 2d 1356

Cited by

Eugene Hamlin v. Shaughnessy Overland Express, Inc.
District Court of Appeal of Florida · Feb 21, 2025
MICHAEL LESINSKI v. SOUTH FLORIDA WATER MANAGEMENT DISTRICT
District Court of Appeal of Florida · Sep 6, 2017

Parentheticals

"[T]he trial court set aside a dismissal for lack of prosecution on the ground that the plaintiff had not been given appropriate notice. This order was properly entered pursuant to Fla. R. Civ. P. 1.540(b
MICHAEL LESINSKI v. SOUTH FLORIDA WATER MANAGEMENT DISTRICT
“[T]he trial court set aside a dismissal for lack of prosecution on the ground that the plaintiff had not been given appropriate notice. This order was properly entered pursuant to Fla. R. Civ. P. 1.540(b
Eugene Hamlin v. Shaughnessy Overland Express, Inc.