ALVAREZ v. U.S. SEC. INS. CO.

No. 94-493.

650 So.2d 707 (1995)

Julia ALVAREZ, et al., Appellants, v. U.S. SECURITY INSURANCE COMPANY, et al., Appellees.

District Court of Appeal of Florida, Third District.

March 1, 1995.


Attorney(s) appearing for the Case

Herbert W. Abramson, Ft. Lauderdale, for appellants.

Jose M. De La O, Miami, for appellees.

Before BARKDULL, LEVY and GODERICH, JJ.


PER CURIAM.

The trial court dismissed the plaintiffs'/appellants' case sua sponte for failing to serve the defendants/appellees within 120 days as is required by Florida Rule of Civil Procedure 1.070(i). This dismissal must be reversed, however, because the trial court failed to give the parties notice prior to its action, as is required by the plain language of the Rule. See Fla.R.Civ.P. 1.070(i) (an action may be dismissed "on the court's own initiative...

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