Howland Feed Mill, Inc. v. Hart, 774 So. 2d 962 (Fla. 1st DCA 2001). · Go Syfert
Howland Feed Mill, Inc. v. Hart, 774 So. 2d 962 (Fla. 1st DCA 2001). Cases Citing This Book View Copy Cite
5 citation events (5 in the last 25 years) across 2 distinct courts.
Strongest positive: Metropolitan Dade County v. Hall (fla, 2001-04-26)
Top citers, strongest first. 1 distinct citer. How cited ↗
cited Cited "see" Metropolitan Dade County v. Hall
Fla. · 2001 · signal: see · confidence high
See Howland Feed Mill, Inc. v. Hart, 774 So.2d 962 (Fla. 1st DCA 2001).
Retrieving the full opinion text from the archive…
HOWLAND FEED MILL, INC.
v.
Ernest HART and Lewis Whitehead d/b/a H & W Dairy
No. 1D00-1757.
District Court of Appeal of Florida, First District.
Jan 17, 2001.
774 So. 2d 962
Andrew J. Decker, III, of Law Office of Andrew J. Decker, III, P.A., for Appellant., Stephen C. Bullock and Kris B. Robinson of Brannon, Brown, Haley, Robinson & Bullock, P.A., Lake City, for Appellees.
Allen, Benton, Miner.
Cited by 5 opinions  |  Published
PER CURIAM.

The appellant challenges an order by which the trial court dismissed the appellant’s action below, based on a Florida Rule of Civil Procedure 1.420(e) failure to prosecute. The dismissal was entered upon a motion therefor made after the appellant filed a Florida Rule of Civil Procedure 1.440(b) notice asserting that the case was at issue and ready for trial, and in which the appellant asked the court for an order setting the case for trial. Although the court had not yet scheduled a trial date, this case does not appear to involve any exception to the usual procedures in this regard; the appellant’s rule 1.440(b) notice thus precludes the rule 1.420(e) dismissal. See Mikos v. Sarasota Cattle Co., 453 So.2d 402 (Fla.1984).

The appealed order is reversed and the case is remanded.

MINER, ALLEN and BENTON, JJ„ concur.