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358 So. 2d 905

Harris v. Filmon

District Court of Appeal of Florida · decided 1978-05-19

Relies on Franklin Acceptance Corp. v. Superior Electrical Industries, Inc.

Good law ✅— No negative treatment on recordhow we know

Decided 1978-05-19

How this case has been cited

Cited by 3 later decisions — most recently May 2014

3 state decisions

1019781980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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RYDER, Judge.

¶1This is an appeal from a dismissal of an action for failure to prosecute. Appellant contends the dismissal was improper because she was not afforded prior notice or hearing. We agree and reverse.

¶2On January 10, 1973 appellant and her husband filed a complaint against appellee for damages arising out of an automobile accident. The case eventually went to trial and the jury returned a verdict in favor of appellant on May 3, 1976. The appellant, on May 7,1976, filed a motion for new trial alleging the damages awarded were grossly inadequate. This motion was denied on June 30, 1976. Months later, on November 2, 1977, without prior notice or hearing thereon, the trial court dismissed the case with prejudice.

¶3Fla.R.Civ.P. 1.420(e) requires notice and a hearing before a case can be dismissed for failure to prosecute. Since the trial court afforded appellant neither notice nor hearing, its order dismissing the case was improper and must be reversed. See Franklin Acceptance Corp. v. Superior Electrical Industries, Inc., 167 So.2d 116 (Fla.3d DCA 1964).

¶4REVERSED and REMANDED for further proceedings not inconsistent with this opinion.

BOARDMAN, C. J., and DANAHY, J., concur.
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