Huertas v. Palm Beach County

ON MOTION FOR REHEARING

POLEN, Judge.

The appellant has filed a motion for rehearing alleging that this court misapprehended the facts and erred in its application of the law in our opinion filed on *554December 18, 1991. We agree in some respects and withdraw our prior opinion. We grant rehearing for the following reasons.

We were under the impression, after reviewing the record and reading the briefs, that the appellant was not represented by counsel at the hearing on the appellees’ respective motions to dismiss the suit for failure to prosecute. The hearing was not transcribed and the trial judge…