Jorge Manzano et al. v. Franco Nicoletti et al., 34 Fla. L. Wkly D1435b (Fla. 3d DCA July 15, 2009)

In this breach of contract case, plaintiffs filed a motion to take the prisoner-defendant’s deposition.  Plaintiffs tried to appear telephonically at the hearing on their motion but failed to do so.  At the hearing, the trial court reviewed the complaint and dismissed it sua sponte for failure to state a cause of action.  The appellate court accepted defendants’ confession of error and reversed, holding that where a trial court wishes sua sponte to raise the legal sufficiency of the complaint, the court must give the plaintiffs notice and a reasonable opportunity to respond in writing or at a hearing.

Jorge Manzano et al. v. Franco Nicoletti et al., 34 Fla. L. Wkly D1435b (Fla. 3d DCA July 15, 2009)

Florida Rule of Civil Procedure 1.380