Orders: Rendition

DeSantis v. V & J Enterprises, Inc., ___ So. 3d ___, 35 Fla. L. Weekly D1445 (Fla. 4th DCA 6/30/10)

The trial judge dismissed a personal injury case because the plaintiff’s lawyer failed to appear for the case management conference.  The order of dismissal was stamped with the name of the judge and the date, but it was not signed.  Thirteen months after the order was stamped, the plaintiff filed a motion to vacate the order of dismissal because her lawyer notified the trial court’s judicial assistant before the case management conference of a scheduling conflict.  The motion to vacate was amended to add that the judge never signed the order of dismissal and only a stamped copy was sent to counsel.  The trial court denied the motion to vacate, but the appellate court reversed because the order of dismissal was never rendered.  “Because the order was never rendered, the case was never dismissed.”