LEONARDO v. GRIMMING

No. 98-2820.

740 So.2d 580 (1999)

Carlo LEONARDO, as Personal Representative of the Estate of Joseph Leonardo, Appellant, v. Ronald GRIMMING, Director of Florida Highway Patrol, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 24, 1999.


Attorney(s) appearing for the Case

John G. George of George and Lander, P.A., Fort Lauderdale, for appellant.

William M. Franz of Weiss & Handler, P.A., Fort Lauderdale, for appellee.


PER CURIAM.

In this action for damages, at a case management conference, the trial court instructed the parties to "set down" a hearing in ten days. After the ten days expired, and no hearing had been "set down," the trial court dismissed the case without prejudice, which may be the equivalent of a dismissal with prejudice because of the statute of limitations. We reverse the order because it does not contain "an express finding of a willful or deliberate refusal...

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