PIQUET REALTY LLC v. PINOT (2020)

District Court of Appeal of Florida, Third District.

PIQUET REALTY, LLC, et al., Appellants, v. Luis Pedro Miranda PINOT, et al., Appellees.

No. 3D19-1866

Decided: March 18, 2020

Before LOGUE, LINDSEY, and GORDO, JJ.

The Bobadilla Law Firm, and D. Fernando Bobadilla, for appellants. Boies Schiller Flexner LLP, and Carlos M. Sires (Ft. Lauderdale), for appellees.

On Confession of Error

Appellants Piquet Realty, LLC and Cristiano Piquet appeal from the denial of their motion to vacate a final order of dismissal for lack of prosecution. Appellants argue the denial was reversible error because counsel never received the Notice of Lack of Prosecution or the Order to Appear for Hearing. Appellees properly confess error and concede there is no evidence that Appellants’ counsel received notice. See Courtney v. Catalina, Ltd., 130 So. 3d 739 (Fla. 3d DCA 2014). We therefore reverse the dismissal and remand for further proceedings.

Reversed and remanded.

PER CURIAM.

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