MOTE WELLNESS & REHAB. v. STATE FARM MUT.

No. 4D21-440.

331 So.3d 191 (2021)

MOTE WELLNESS & REHAB, INC., a/a/o Fred Birkenfeld, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Fourth District.

November 24, 2021.


Attorney(s) appearing for the Case

Virginia M. Best and Johanna M. Menendez of Best & Menendez, Miami, for appellant.

Nancy W. Gregoire of Birnbaum, Lippman & Gregoire, PLLC, Fort Lauderdale, and Christopher L. Kirwan and Maria F. Pero of Kirwan Spellacy Danner Watkins & Brownstein, P.A., Fort Lauderdale, for appellee.


Mote Wellness & Rehab, Inc. ("the Provider") appeals an order from the county court sua sponte dismissing its action with prejudice for lack of prosecution. We reverse because there was record activity and, even if there was no record activity, the county court failed to give...

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