Matter Not At Issue – Reversible Error

In this mortgage foreclosure case, the trial court set the matter for trial within twenty days of the date on which the defendant answered the Complaint.  Defense counsel objected to the trial proceeding as scheduled.  For a matter to be at issue, and thus ready for trial, Rule 1.440 requires that at least twenty days must pass from the date of service of the last pleading.  The Third DCA found that the ‘too fast’ trial date was reversible error.

LOPEZ v. U.S. BANK, 38 Fla. L. Weekly D1471a (Case No. 3D13-458 July 3, 2013)