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.Hey, why the hail not?
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.
Again, this is South Florida -- stranger things have definitely happened (and will happen again).