Reyes v. Aqua Life Corp., Etc.

Humberto Reyes, the plaintiff below, appeals the denial of his verified motion to vacate an order dismissing his lawsuit for lack of prosecution filed pursuant to Florida Rule of Civil Procedure 1.540(b)(4). Because the dismissal of Reyes’s lawsuit constituted a final judgment in the cause, the order of dismissal was granted at a hearing conducted without notice to Reyes, and there was clearly record activity which precluded the entry of the dismissal, we reverse the trial court’s order denying Reyes’s motion to vacate the order of dismissal and remand for the reinstatement of the lawsuit.

The…