SUNDALE, LTD. v. WILLIAMS PAVING COMPANY, INC.

No. 3D05-2352.

913 So.2d 740 (2005)

SUNDALE, LTD., etc., et al., Petitioners, v. WILLIAMS PAVING COMPANY, INC., Respondent.

District Court of Appeal of Florida, Third District.

November 2, 2005.


Attorney(s) appearing for the Case

Richard F. O'Brien, III, Miami, for petitioners.

Wicker, Smith, O'Hara, McCoy, Grahem & Ford, and William F. Fink, Miami, for respondent.

Before FLETCHER, RAMIREZ, and SUAREZ, JJ.


RAMIREZ, J.

The petitioner seeks a writ of certiorari or prohibition challenging the trial court's order dated August 2, 2005, setting the cause for trial on November 7, 2005. It seems clear that the case was not at issue until September 16, 2005, when the respondents filed their response to petitioner's affirmative defenses. Thus, the order setting the cause for trial did not comply with Florida Rule of Civil Procedure 1.440.

However, for the issuance of...

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