Legal Updates for Florida Coverage and Property Litigation
Failure to provide reasonable notice and opportunity to be heard rendered trial court’s involuntary dismissal of plaintiff’s suit a violation of due process.
Babcock New Haven, LLC v. Vaheed Teimouri and Teimouri & Associates, Fla. 5th DCA, 5D2023-1525, May 3, 2024
June 1, 2024
This appeal followed a trial court’s entry of a final order dismissing Babcock New Haven, LLC’s lawsuit for failure to comply with a prior order that required it to obtain successor counsel by a certain date. Babcock appealed the order, arguing the court’s entry of dismissal under the circumstances of the case violated its right to due process.
The prior order at issue flowed from a motion by Babcock’s initial counsel to withdraw from representation of Babcock. On August 28, 2019, the trial court granted the motion to withdraw and ordered Babcock to obtain successor counsel within 30 days of the order. On October 2, 2019, after no attorney had entered an appearance for Babcock, the defendants moved for an involuntary dismissal and sent a copy of the dismissal motion via U.S. mail to Babcock. The next day, October 3, 2019, the trial court entered a final order granting the defendant’s motion for involuntary dismissal and dismissed the entire action without hearing.
Upon review, the Fifth District Court of Appeal held that Babcock’s due process rights had been violated and reversed the trial court’s dismissal. In doing so, the appellate court noted the fact that the trial court’s order concerning obtaining new counsel did not contain any “express language placing Babcock on notice that its failure to obtain successor counsel within the designated time could result in dismissal of the action.” It was further highlighted that the trial court’s ruling on the defendant’s dismissal motion without hearing, entered only approximately 25 hours after it had been filed, deprived Babcock of reasonable notice and a meaningful opportunity to be heard on the issue.
Legal Update for Florida Coverage & Property Litigation – June 2024 is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2024 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.
