Albo v. Martell
After the plaintiff failed to serve certain defendants within a court-granted 120-day window, the trial court sua sponte dismissed the entire action without notice or a hearing, including claims against a defendant already served and litigating. The Third DCA held the dismissal order was void as a due process violation because rule 1.070(j) permits dismissal on the court's own initiative only 'after notice,' and the plaintiff was never given a chance to show good cause or excusable neglect; the trial court therefore had no discretion to deny the rule 1.540(b)(4) motion to vacate.
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