FIREMAN’S FUND INS. CO. v. WEISSING, 448 So.2d 630 (Fla.App. 4 Dist. 1984)

FIREMAN’S FUND INSURANCE COMPANY, PETITIONER, v. THE HONORABLE JUDGE LOUIS WEISSING, RESPONDENT.

No. 84-811.District Court of Appeal of Florida, Fourth District.
April 19, 1984.

On Petition for Emergency Writ of Mandamus to the Circuit Court in and for Broward County; Louis Weissing, Judge.

Page 631

Jeff F. Dodson and David F. Crow of Paxton, Crow, Bragg
Austin, P.A., West Palm Beach, for petitioner.

H. Jack Klingensmith of Blank, Rome, Comisky McCauley, Miami, for respondent.

PER CURIAM.

In Foremost Insurance Co. v. Barkett, 441 So.2d 179 (Fla. 4th DCA 1983), we granted a writ of mandamus because of an inadequate notice of trial which prejudiced the parties. In the case at bar, the petitioner/defendant received no notice of trial. See Rule 1.440(b) and (c), Florida Rules of Civil Procedure. Accordingly, we grant the writ of mandamus and direct the trial court to strike the cause from the April 23rd trial calendar. The matter may be reset within a reasonable period of time and after proper notice in compliance with the rule.

DOWNEY, HERSEY and HURLEY, JJ., concur.

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