EMAS, J.
Petitioner, Aqua Life Corp. ("Petitioner"), petitions this court for issuance of a writ of prohibition to prohibit the trial court from continuing to exercise jurisdiction over this matter, which was dismissed by order of the trial court rendered February 1, 2013, pursuant to a motion to dismiss for lack of prosecution. The record reflects that the February 1, 2013 order of dismissal was never appealed.
More than eighteen months later, on October 10, 2014, the plaintiff below, Humberto Reyes ("Respondent") filed a motion for status conference. There appears to be some dispute over whether Petitioner was served with this motion or the notice of hearing. However, it is undisputed that Petitioner did not appear at the hearing on the motion for status conference held October 27, 2014. It is also undisputed that, following the hearing, the trial court entered orders setting the case for trial and referring the parties to mediation.
Notwithstanding Respondent's assertion that the trial court vacated the earlier dismissal order based on an ore tenus motion made by Respondent at the October 27th hearing (at which neither Petitioner nor its counsel was present),
Thus, we grant the petition and quash the orders setting the case for trial and referring the case to mediation, as the trial court was without jurisdiction to enter those orders, and remand for proceedings consistent herewith. Confident that the trial court will comply with this opinion, we withhold formal issuance of the writ.
Not final until disposition of timely filed motion for rehearing.