A COURT SHOULD HOLD AN EVIDENTIARY HEARING TO ADDRESS DISPUTED ISSUES OF FACT CONCERNING WHETHER PLAINTIFF RECEIVED NOTICE OF AN IMPENDING DISMISSAL--NO RELIEF UNDER RULE 1.540(a) BECAUSE OF THE CLERK’S ALLEGED FAILURE TO MAIL NOTICE OF LACK OF PROSECUTION, BECAUSE…

Insurance -- Homeowners -- Insured's action against insurer -- Conditions precedent to suit -- Ten-day notice -- Retroactive application -- Statute requiring that homeowners file ten-day notice of intent to initiate litigation under property insurance policy is not applicable retroactively to…