Courtney v. Catalina, Ltd.
District Court of Appeal of Florida
1Opinion of the CourtShepherd, C.J.
James R. Courtney appeals an order denying his motion to vacate a final order of dismissal for want of prosecution rendered under Florida Rule of Civil Procedure 1.420(e). Courtney contended below, *740and continues to maintain here, that his motion should have been granted because it is undisputed in the record that he did not receive either the notice of inactivity or the final order of dismissal. We agree and reverse the order of the trial court.
FACTS AND PROCEDURAL HISTORY
On May 15, 2009, James R. Courtney filed this action against Catalina, Ltd. On February 11, 2011, the trial court issued a…
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