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PASCO COUNTY v. QUAIL HOLLOW PROPERTIES

No. 96-02448.

693 So.2d 82 (1997)

PASCO COUNTY, a political subdivision of the State of Florida, Appellant, v. QUAIL HOLLOW PROPERTIES, INC., a Florida corporation; Mario J. Manetti; American Plasti-Craft, Inc.; M/N Co.; Fred P. Manetti; Copeland D. Newbern; John K. Shepard; Peter S. Skemp; Estate of Alan Jones; and Sun Bank of Tampa Bay, Trustee, Appellees.

District Court of Appeal of Florida, Second District.

May 2, 1997.

Attorney(s) appearing for the Case

Peter Wansboro, Assistant County Attorney, New Port Richey, for Appellant.

Timothy G. Hayes of Hayes & Associates, P.A., Lutz, for Appellees Copeland D. Newbern, John K. Shepard and Peter S. Skemp.

Steven M. Larimore of Holland & Knight, Tampa, for Appellee Sun Bank of Tampa Bay.

Robert D. Sumner of Robert D. Sumner, P.A., for Appellees Quail Hollow Properties, Inc., Mario J. Manetti, American Plasti-Craft, Inc., M/N Co., and Fred P. Manetti.

No appearance for Appellee Estate of Alan Jones.

DANAHY, Acting Chief Judge.

Pasco County appeals from a final order of dismissal based on failure to prosecute. Because the trial court misperceived the effect of the motion to dismiss, filed by an attorney who had not made an appearance in the case by proper notice, the dismissal was error. We reverse.

On August 16, 1993, Pasco County filed a second amended complaint for injunction to force paving of a road in a subdivision in which the appellees all had...

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