On January 13, 2022 a
Clerk Notice
was filed
involving a dispute between
Midfirst Bank,
and
,
Hughes, Diane,
Hughes, Diane M,
Unknown Spouse Of Diane M Hughes Aka Diane Hughes Fka Diane Oleary,
Unknown Tenant 1,
Unknown Tenant 2,
for HOMERES4CLOSE$50,001-$250,000
in the District Court of Sarasota County.
Preview
IN THE TWELFTH JUDICIAL CIRCUIT COURT
IN AND FOR SARASOTA COUNTY, FLORIDA
MIDFIRST BANK,
Plaintiff,
CASE NO. 2022 CA 000201 NC
v.
DIVISION A CIRCUIT
DIANE M HUGHES,
UNKNOWN SPOUSE OF DIANE M
HUGHES AKA DIANE HUGHES
FKA DIANE OLEARY,
UNKNOWN TENANT 1,
UNKNOWN TENANT 2,
Defendant.
_____________________________________
NOTICE OF HEARING TO DISMISS FOR
FAILURE TO PROSECUTE OR SERVE INITIAL PROCESS OR BOTH;
ALTERNATIVE NOTICE OF CASE MANAGEMENT CONFERENCE
THE COURT FINDS from the face of the record in this action that no activity by filing
of pleadings, order of court, or otherwise has occurred for a period of ten months, and no order
staying this action has been issued nor stipulation for stay approved by the court. See Fla. R. of
Civ. P. 1.420(2)(e).
[ ] Additionally, the Court finds from the face of the record that initial service of
process has not been made on one or more defendants within 120-days after
filing the initial pleading or within any authorized extension of time. See Fla.
R. of Civ. P. 1.070(j).
ACCORDINGLY, the Court schedules a Lack of Prosecution and Alternative Case
Management Conference (“Hearing”) as follows:
Date and Time: 03/26/2024 at 8:30AM
Location: VIA ZOOM www.zoom.com (Click Join)
ID: 465 693 0098
Password: 568290
Audio Only: 1-786-635-1003
IT IS ORDERED as follows:
Page 1 of 3
Filed 01/22/2024 01:41 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
1. If no record activity occurs within sixty (60) days immediately following the
service of this notice, and if no stay is issued or approved prior to the expiration of such 60-day
period, this action shall be dismissed on the Court’s own motion at the Hearing, unless good
cause is shown in accordance with paragraph 2. (If this action is in postjudgment status, the
Court will find that the movant of the pending postjudgment motion or motions has abandoned
those motions and will direct the Clerk to close the case.)
2. As to the failure to prosecute, a party may file a showing of good cause
why this action should remain pending at least five (5) days prior to the hearing set forth
in paragraph 1. If a showing of good cause is filed, the Court will hear and determine the
question at that hearing.
3. As to the failure to serve initial process, the Court intends to dismiss the
action or drop the party unless good cause, excusable neglect, or other appropriate factor
is shown at the hearing identified in paragraph 1 or the Court otherwise extends the time
for service of initial process. See Green v. Lingle, 166 So. 3d 221 (Fla 1st DCA 2015).
4. If this action is not dismissed during the hearing identified in paragraph 1,
the Court will treat the balance of that hearing as a Case Management Conference and
may address any matter identified in Florida Rule of Civil Procedure 1.200(a). Please be
advised that a failure to attend a Case Management Conference without a prior excusal
from the Court may result in the Court dismissing the action, striking the pleadings,
limiting proof or witnesses, or taking any other appropriate action.
DONE AND ORDERED in Sarasota, Sarasota County, Florida, on .
{[Signature - Judge Name]CIRCUIT JUDGE
SERVICE CERTIFICATE
On , the Court caused the foregoing document to be served via the Clerk of Court’s case
management system, which served the following individuals via email (where indicated). On the
same date, the Court also served a copy of the foregoing document via First Class U.S. Mail on
the individuals who do not have an email address on file with the Clerk of Court.
DIANE M HUGHES
4238 BELLADONNA AVENUE
NORTH PORT, FL 34286
UNKNOWN SPOUSE OF DIANE M HUGHES AKA DIANE HUGHES FKA DIANE
OLEARY
4238 BELLADONNA AVENUE
Page 2 of 3
Filed 01/22/2024 01:41 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
NORTH PORT, FL 34286
UNKNOWN TENANT 1
4238 BELLADONNA AVENUE
NORTH PORT, FL 34286
Andrew Scolaro efiling@aldridgepite.com
Andrew Scolaro ECCM-FL@provana.com
Sheila Puisto TeamPuisto.eFiling@provest.us
Page 3 of 3
Filed 01/22/2024 01:41 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
Document Filed Date
January 22, 2024
Case Filing Date
January 13, 2022
Category
HOMERES4CLOSE$50,001-$250,000
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