ALEIDA RODRIGUEZ AND PEDRO RODRIGUEZ, APPELLANTS,
v.
GONZALEZ MOVING & STORAGE CO., APPELLEE

Fla. 3d DCA | 1992-03-17
No. 91-856
Before SCHWARTZ, C.J., JORGENSON and GODERICH, JJ., Reversed and remanded.
595 So. 2d 275 Florida District Court of Appeal, Third District (1992) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.’

PER CURIAM.’

This is an appeal from a judgment of dismissal for failure to prosecute pursuant to Florida Rule of Civil Procedure 1.420(e). We hold in accordance with the general rule that, once proper notice of trial has been filed, the court has the duty to set the cause for trial. Balboa Insurance Co. v. Shores of Madeira, Inc., 457 So. 2d 596 (Fla. 2d DCA 1984). See also Miami Nat’l Bank v. Greenfield, 488 So. 2d 559, 562 (Fla. 3d DCA) (court has duty to set cause noticed by plaintiff for trial; failure to do so precludes dismissal for failure to prosecute despite lack of record activity during ensuing year), rev. denied, 497 So. 2d 1217 (Fla.1986).

The trial court is, therefore, directed to reinstate appellant’s cause of action.

Reversed and remanded.


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