History
  • No items yet
midpage
STATE DEPT. OF ENVIRONMENTAL PROTECTION v. Crest Products, Inc.
1996 Fla. App. LEXIS 3269
| Fla. Dist. Ct. App. | 1996
|
Check Treatment
671 So. 2d 211 (1996)

STATE of Florida DEPARTMENT OF ENVIRONMENTAL PROTECTION, Appellant,
v.
CREST PRODUCTS, INC., Appellee.

No. 95-02053.

District Court of Appeal of Florida, Second District.

March 27, 1996.

Thomas M. Beason, Assistant General Counsel, Florida Department of Environmental Protection, Tallahassee, for Appellant.

William B. Taylor, IV, of Macfarlane, Ausley, Ferguson & McMullen, Tampa, for Appellee.

WHATLEY, Judge.

The appellant, the State of Florida Department of Environmental Protection (DEP), challenges the trial court's order of dismissal for failure to prosecute. The appellee, Crest Products, Inc., concedes that the matter should not have been dismissed. We reverse.

The DEP filed a notice for trial on December 18, 1991, but the trial court failed to set the case for trial. There was no other record activity in the case since the filing of the notice for trial. The trial court dismissed the case on its own motion for failure to prosecute.

Once a plaintiff has filed a notice for trial, it is the trial court's responsibility to enter an order setting a trial date. Mikos v. Sarasota Cattle Co., 453 So. 2d 402 (Fla.1984); Brown v. U.S. Sugar Corp., 562 So. 2d 752 (Fla. 1st DCA 1990). The filing of the notice bars the trial court from dismissing the action for lack of prosecution. Mikos. Consequently, in this case, the trial court was barred from dismissing the action after the DEP filed its notice for trial.

Accordingly, we reverse and remand for proceedings consistent with this opinion.

SCHOONOVER, A.C.J., and FRANK, J., concur.

Case Details

Case Name: STATE DEPT. OF ENVIRONMENTAL PROTECTION v. Crest Products, Inc.
Court Name: District Court of Appeal of Florida
Date Published: Mar 27, 1996
Citation: 1996 Fla. App. LEXIS 3269
Docket Number: 95-02053
Court Abbreviation: Fla. Dist. Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.