Legal Opinion
Straubel v. Gobayra
District Court of Appeal of Florida
Decided January 17, 1984No. 83-794PublishedCited by 3 opinions
1Opinion of the Court
DANIEL S. PEARSON, Judge.
Straubel, the plaintiff below, appeals from an order dismissing his action for failure to • prosecute. He contends that once he filed and served a notice pursuant to Florida Rule of Civil Procedure 1.440(b) advising the trial court that the case was at issue and ready for trial, he was relieved of all further responsibility to take action in the case, notwithstanding that the trial was thereafter set pursuant to his notice and then continued at his request. We disagree with this contention.
Where a case has been set for trial pursuant to a party’s notice that the case…
2Cases cited6 opinions
- City of Miami v. Dade CountyDistrict Court of Appeal of Florida · 1975
- Visuna v. Metropolitan Transit AuthorityDistrict Court of Appeal of Florida · 1977
- Bogart v. FB Condominiums, Inc.District Court of Appeal of Florida · 1983
- Kizer v. MartinDistrict Court of Appeal of Florida · 1961
- Neff Machinery, Inc. v. Allied Electrical Co.District Court of Appeal of Florida · 1972
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Govayra v. StraubelSupreme Court of Florida · 1985
- Balboa Insurance Co. v. Shores of Madeira, Inc.District Court of Appeal of Florida · 1984
- Brown v. Florida-Georgia Tractor Co.District Court of Appeal of Florida · 1984