Citimortgage, Inc. v. Hill

In this appeal, we consider whether the trial court properly dismissed a foreclosure action filed by the appellant. The trial court dismissed the case because appellant failed to “schedule the matter for non-jury trial,” despite the fact that appellant had actively prosecuted the case and filed a notice of trial readiness three weeks before the dismissal order. Because the rules of civil procedure and Florida Supreme Court precedent require courts, not parties, to fix trial dates, we reverse and remand with instructions for the trial court to reinstate the cause of action and to set a trial…