Legal Opinion

Petersen & Hawthorne, P.A. v. EMI Enterprises, Inc.

District Court of Appeal of Florida

Decided June 12, 2013No. 4D11-3609PublishedCited by 4 opinions

1Opinion of the CourtDamoorgian, J.

Appellant, Petersen & Hawthorne, P.A., appeals the trial court’s order dismissing, without prejudice, its suit against EMI Enterprises, Inc., Ed’s Auto Repair, Inc., and Ed and Mary Thibeault after Appellant failed to attend a case management conference. We reverse.

After Appellant failed to attend a case management conference, the trial court issued an order which stated in its entirety as follows:

Neither plaintiff nor defendant appeared at duly set status conference. Whereas this court hereby dismisses without prejudice the above styled case for lack of prosecution.

Florida Rule of Civil…

2Cases cited3 opinions

  1. Giemme USA, LLC v. La Sala Group, Inc.District Court of Appeal of Florida · 2012
  2. First Fairway Condominium I Ass'n v. Gulfstream Roofing, Inc.District Court of Appeal of Florida · 1997
  3. Fugnole v. Crumbly Bros., Inc.District Court of Appeal of Florida · 2005

3Cited by4 opinions

  1. U.S. Bank National Ass'n v. MartinezDistrict Court of Appeal of Florida · 2016
  2. Schneider v. SpaethDistrict Court of Appeal of Florida · 2014
  3. Taraneisha Burgess v. Quessie CampbellDistrict Court of Appeal of Florida · 2025
  4. WALTER WALLS, LLC v. BRIGHT PROPERTY SOLUTIONSDistrict Court of Appeal of Florida · 2022

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