Danny L. Curry v. Crescent Bank and Trust

Summary

The Florida Third District Court of Appeal reversed a final judgment entered after a bench trial at which the appellant did not appear. The court held that the trial court violated Florida Rule of Civil Procedure 1.440(c) by setting the trial only 17 days after serving the notice for trial and remanded for a new trial.

Holdings

1. The trial court erred by setting the case for trial only 17 days in advance because Florida Rule of Civil Procedure 1.440(c) requires that trial be set at least 30 days from service of the notice for trial.

Questions Presented

1. Whether the trial court erred by setting the case for trial only 17 days after service of the notice for trial, contrary to Florida Rule of Civil Procedure 1.440(c), and proceeding to judgment when the appellant did not appear.

Disposition

reversed_and_remanded