Once a party files a proper notice pursuant to Fla.R.Civ.P. 1.440(b), it is the court’s duty to set the cause for trial. Reyes v. Reeves Southeastern Corp., 895 So. 2d 1274, 1274 (Fla. 2d DCA 2005). In Cabrera v. Pazosthe the Second DCA found that “once a party files a proper rule 1.440(b) notice that a matter is ready for trial, it is the court’s duty to set the cause for trial.” Cabrea is important because the Second DCA specifically “disproved” of the Court’s customary practice which placed the burden upon the parties to set cases on the trial docket. Id. Such practice, however, remains customary in many of the state’s trial courts.
The rule may be located at: Fla.R.Civ.P. 1.440 – Setting Action for Trial
The cases may be found at:
Cabrera v. Pazos – 2nd DCA Opinion (PDF)