Legal Opinion
Hawthorne v. Wesley
District Court of Appeal of Florida
Decided March 16, 2012No. 2D11-1446PublishedCited by 2 opinions
1Per curiam
James Hawthorne appeals the order dismissing his complaint against Scotty Wesley, Fire Equipment Service, and Gevity HR with prejudice. ■ We are very sympathetic to. the trial court’s and the Appel-lees’ frustration with Hawthorne’s failure to set this case for trial. But we must reverse because the trial court failed to consider the factors set forth in Kozel v. Ostendorf, 629 So.2d 817, 818 (Fla.1993), for determining whether dismissal with prejudice was warranted.
Hawthorne characterizes the order of dismissal as being for lack of prosecution, Fla. R. Civ. P. 1.420(e), but we agree with the…
2Cases cited6 opinions
- Kozel v. OstendorfSupreme Court of Florida · 1994
- Commonwealth Fed. Sav. & Loan Ass'n v. TuberoSupreme Court of Florida · 1990
- Ham v. DunmireSupreme Court of Florida · 2004
- Edward L. Nezelek, Inc. v. Sunbeam Tel. Corp.District Court of Appeal of Florida · 1982
- Chemrock Corp. v. Tampa Electric Co.Supreme Court of Florida · 2011
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3Cited by2 opinions
- Deutsche Bank National Trust Co. v. CagigasDistrict Court of Appeal of Florida · 2012
- Federal National Mortgage Association v. LinnerDistrict Court of Appeal of Florida · 2016