District Court of Appeal of Florida November 13, 1985, No. 85-161 (Candy Store Corp. v. Caribbean Trade Winds Condominium Ass'n)

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United States · · · 13-11-1985

PER CURIAM.

We reverse the order dismissing appellant’s cause and remand with instructions to reinstate it.

The trial court’s sua sponte order dismissed appellant’s cause without prejudice for two reasons:

First, it was dismissed for failure to prosecute under Rule 1.420(e), Florida Rules of Civil Procedure. This was error, per Mikos v. Sarasota Cattle Company, 453 So.2d 402 (Fla.1984).

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