Schaffer et al. v. First Bank et al., 36 Fla. L. Wkly D2363a (Fla. 4th DCA Oct. 26, 2011) – re-opening dismissed case after dismissal for failure to prosecute

In this foreclosure case, the trial court sent a notice of dismissal for failure to prosecute to bank counsel’s old address even though he had notified the court of a new address. Upon motion after over a month had passed, the court re-opened the case. The borrowers appealed, claiming that a motion to re-open must occur within one month of the dismissal. The appellate court disagreed and affirmed, holding that the supposed one-month restriction appeared only in an older version of the rule that had long since been amended.

Schaffer et al. v. First Bank et al., 36 Fla. L. Wkly D2363a (Fla. 4th DCA Oct. 26, 2011)