Dismissal for Lack of Prosecution – Spencer v. EMC Mortgage Corporation

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In this mortgage foreclosure case, the trial court issued a 60-day notice of lack of prosecution.  Although counsel received a copy of the notice within the 60-day period, plaintiff did not respond within this period or show good cause in writing at least five days before the hearing why the action should remain pending.  The court dismissed the case for lack of prosecution despite counsel’s disputed claim that notice was received late within the 60-day period.  The appellate court affirmed, holding further that the “‘no notice received’ exceptions detailed in Deutsche Bank National Trust Co. v. Basanta, 88 So. 3d 216 (Fla. 3d DCA 2011), and Boosinger v. Davis, 46 So. 3d 152, 154 n.2 (Fla. 2d DCA 2010),” did not apply.

Spencer v. EMC Mortgage Corporation, 37 Fla. L. Weekly D2068a (3d DCA Aug. 29, 2012)

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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