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Little v. Brave

Citations: 870 So. 2d 966; 2004 Fla. App. LEXIS 5837; 2004 WL 894642Docket: No. 4D03-2704

Court: District Court of Appeal of Florida; April 28, 2004; Florida; State Appellate Court

Narrative Opinion Summary

A petition has been granted to require the setting of a case for trial, emphasizing that compliance with Florida Rule of Civil Procedure 1.440 is a mandatory duty. Relevant case law supports this decision, including Pate v. Sawaya, Ivans v. Greenbaum, and Globe Life Accident Ins. Co. v. Preferred Risk Mut. Ins. Co. The ruling is concurred by Judges Gunther, Warner, and May.

Legal Issues Addressed

Judicial Support for Mandatory Trial Setting

Application: The decision to mandate trial setting is supported by precedent, demonstrating judicial consistency in enforcing procedural rules.

Reasoning: Relevant case law supports this decision, including Pate v. Sawaya, Ivans v. Greenbaum, and Globe Life Accident Ins. Co. v. Preferred Risk Mut. Ins. Co.

Mandatory Compliance with Florida Rule of Civil Procedure 1.440

Application: The court emphasized that setting a case for trial requires strict adherence to Florida Rule of Civil Procedure 1.440, underscoring it as a non-discretionary duty.

Reasoning: A petition has been granted to require the setting of a case for trial, emphasizing that compliance with Florida Rule of Civil Procedure 1.440 is a mandatory duty.