Henzel v. Golstein, 76-1165
Decision Date | 13 September 1977 |
Docket Number | No. 76-1165,76-1165 |
Citation | 349 So.2d 824 |
Parties | Leo HENZEL, Appellant, v. Edwin GOLSTEIN and S.W.F.P. Company, a Florida Corporation, Appellees. |
Court | Florida District Court of Appeals |
E. C. Watkins, Jr., Tampa, for appellant.
Hugh F. Quinn, South Miami, for appellees.
Before HENDRY, C. J., and PEARSON and HUBBART, JJ.
By this appeal we are asked to review a trial court order dismissing an action for lack of prosecution. The appellant contends that he was given inadequate notice for the hearing on the appellee's motion to dismiss the action for lack of prosecution. We agree and reverse.
Fla.R.Civ.P. 1.420(e) 1 contemplates that a party should have sufficient notice for a hearing on an adverse motion to dismiss for lack of prosecution to allow him to file a written pleading no later than five working days 2 before such hearing showing good cause why the action should remain pending. In the instant case, the appellant had only one working day's notice prior to the hearing on the motion to dismiss, which notice was clearly inadequate. We, accordingly, reverse the order of dismissal and remand the cause to the trial court for further proceedings.
Reversed and remanded.
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