HSBC Bank USA, N.A. v. Gordon Cochrane

Confession of ErRor

HSBC Bank USA, N.A. (“appellant”) brought an action against Gordon Cochrane (“appellee”) alleging that appellee' defaulted under a home equity line agreement. Even though appellant filed a motion for mediation on February 11, 2015, the trial court issued a notice of lack of prosecution sixteen days later on February 27, 2015, which also included the court’s motion to dismiss and an order setting hearing.

Under Florida Rule of Civil Procedure 1.420(e), the trial court’s notice and subsequent order of dismissal for lack of prosecution were improper. The plain language of the…