Wednesday, January 28, 2015

3d DCA Watch -- Your Case Has Been Dismissed, But Also Set for Trial -- Welcome to State Court!

Only in sunny South Florida can a case be dismissed for lack of prosecution, but then 18 months later be set for trial and mandatory mediation:
Petitioner, Aqua Life Corp. (“Petitioner”), petitions this court for issuance of a writ of prohibition to prohibit the trial court from continuing to exercise jurisdiction over this matter, which was dismissed by order of the trial court rendered February 1, 2013, pursuant to a motion to dismiss for lack of prosecution. The record reflects that the February 1, 2013 order of dismissal was never appealed.

More than eighteen months later, on October 10, 2014, the plaintiff below, Humberto Reyes (“Respondent”) filed a motion for status conference. There appears to be some dispute over whether Petitioner was served with this motion or the notice of hearing. However, it is undisputed that Petitioner did not appear at the hearing on the motion for status conference held October 27, 2014. It is also undisputed that, following the hearing, the trial court entered orders setting the case for trial and referring the parties to mediation.
Hey, why the hail not?

Again, this is South Florida -- stranger things have definitely happened (and will happen again).


P. Guyotat said...

Classic. As an aside, I wonder why the Third DCA chose to quash those orders rather than to vacate them. I thought that appellate courts usually vacate orders entered by lower courts without jurisdiction. I guess it doesn't matter.

Anonymous said...

Great job highlighting legal stupidity.

Anonymous said...

Honorable Shuz,

what does dees says?

Anonymous said...


Anonymous said...

Details! Details!

Details of the Bar investigation interviews! And the SD FLA discipline committee interview!


Anonymous said...

The orange FDC jumpsuit doesn't look good on short, fat people. And they may not have men's slippers small enough for your tiny feet.

Cory Trevor said...

It is hard to believe that a case could be dismissed and then set for trial. This seems like a gross misuse of public funds. I am sure that most taxpayers would have a problem with this. I don't live in the area, and I am not familiar with the local culture. I hope this type of thing is not as normal as you make it seem.