LUCAYA BEACH HOTEL v. MLT MANAGEMENT CORP.

No. 4D04-1539.

898 So.2d 1118 (2005)

LUCAYA BEACH HOTEL CORPORATION, a Florida Corporation, and Romulo Bandeir De Souza Gayoso Neto, individually, Appellants, v. MLT MANAGEMENT CORP., a Florida corporation, Ocean Palms Development Corp., a Florida dissolved corporation, Ocean Palms Cooperative Association, a Florida dissolved corporation, Howard Bloom, individually, and Karen Abdallah, individually, Appellees.

District Court of Appeal of Florida, Fourth District.

March 30, 2005.


Attorney(s) appearing for the Case

Ricardo A. Gonzalez and Cheryl L. Burm of Law Office of Ricardo A. Gonzalez & Associates, P.A., Miami, for appellants.

Carolyn Karettis of Robert J. Moraitis, P.A., Fort Lauderdale, for appellees MLT Management Corp., Ocean Palms Development Corp., Ocean Palms Cooperative Association, and Howard Bloom.

Daniel M. Landis of Landis & Mallinger, P.L., Boca Raton, for appellee Karen Abdallah.


WARNER, J.

The trial court dismissed this case for lack of prosecution when the last record activity was the filing of motions to dismiss and a motion for summary judgment. Because the trial court's procedures prevented the parties from setting these motions for hearing, we conclude that the duty to proceed rested on the trial court, and dismissal for failure to prosecute is unavailable where the court's procedures require the court, not the parties, to set the case...

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