Legal Opinion

Gardner v. Moving Cost, Inc.

District Court of Appeal of Florida

Decided June 1, 2011No. 4D09-4648Published

1Opinion of the Court

ON MOTION FOR REHEARING

2Per curiam

We grant appellees’ motion for rehearing, withdraw our opinion of April 6, 2011, and substitute the following.

The circuit court dismissed appellant’s complaint without prejudice after she failed to file an amended complaint. On July 1, 2009, appellant’s attorney withdrew and the court gave her 20 days to retain new counsel and file an amended complaint. On August 17, 2009, appellees moved to dismiss with prejudice. The court entered a final order of dismissal with prejudice on September 11, 2009. Six days later, appellant filed a pro se motion to set aside the final…

3Cases cited3 opinions

  1. Garland v. Dixie Ins. Co.District Court of Appeal of Florida · 1986
  2. STATE, DEPT. OF ENV. REG. v. Chemairspray, Inc.District Court of Appeal of Florida · 1988
  3. Adlington v. FLORIDA PAROLE COM'NDistrict Court of Appeal of Florida · 2002

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