EARL GREENWELL, APPELLANT,
v.
STEVE CUIFFO, JUDY ANN CUIFFO, STEPHEN O. CUIFFO, SR., JULIE CUIFFO, KIMBERLY INVESTMENT CORP., INC., A FLORIDA CORPORATION, CAESER'S VINEYARD, INC., A FLORIDA CORPORATION, ROBERT GORDON, S & B PUREBRED FARMS, INC., A FLORIDA CORPORATION AND JACKIE WEINBERG, APPELLEES
PER CURIAM.
We reverse the dismissal of the cause for lack of prosecution because we find that the filing of interrogatories and a notice of hearing were sufficient record activity to justify denial of the defendant’s motion to dismiss. Thomas v. Personal Representative of Estate of DeLoach, 400 So. 2d 204 (Fla. 1st DCA 1981); American Salvage and Jobbing Company, Inc. v. Salomon, 367 So. 2d 716 (Fla. 3d DCA 1979).
Neither is there a finding in the order of dismissal that the plaintiff was willfully delaying prosecution of the matter so as to support dismissal under the inherent power of the court to control its docket. Latimore v. Matthews, 340 So. 2d 1261, 1262 (Fla. 3d DCA 1976); Kenet v. Stein, 326 So. 2d 36 (Fla. 3d DCA 1976).
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Anthony v. Schmitt, 557 So. 2d 656 (Fla. 2d DCA 1990)…d 642 (Fla. 5th DCA 1985), review denied, 488 So. 2d 67 (Fla.1986) (notice to produce); Orange Elec. Co. v. Hughes Supply, Inc., 467 So. 2d 479 (Fla. 5th DCA 1985) (notice of taking deposition, even though deposition not taken); Greenwell v. Cuiffo, 415 So. 2d 901 (Fla. 3d DCA 1982) (interrogatories and notice of hearing); American Salvage & Jobbing Co. v. Salomon, 367 So. 2d 716 (Fla. 3d DCA 1979) (interrogatories and notice of hearing on motion to compel); City of Jacksonville v. Hinson, 202 So. 2d 806 (Fla…
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Rivera v. A. M. I. F., Inc., 417 So. 2d 304 (Fla. 3d DCA 1982)…Reversed and remanded. . Even if the court had properly exercised its inherent power, we would be compelled to reverse for the trial court’s failure to find in the order that the plaintiff was willfully delaying prosecution. Greenwell v. Cuiffo, 415 So. 2d 901 (Fla. 3d DCA) (1982).…
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Monroe Gelb and Carl A. Spatz v. Miranda, 456 So. 2d 548 (Fla. 3d DCA 1984)…trouble understanding. The interpretation is relatively simple. If sufficient record activity occurs during the one-year period preceding the motion to dismiss for failure to prosecute, then the motion should be denied. Collado v. C & C Cattle Co., 415 So. 2d 901 (Fla. 3d DCA 1982); Florida East Coast Railway v. Russell, 398 So. 2d 949 (Fla. 4th DCA), review denied, 411 So. 2d 381 (Fla.1981); Biscayne Construction Co. v. Metropolitan Dade County, 388 So. 2d 329 (Fla. 3d DCA 1980). Here plaintiff-appellant’…1 / 2
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Am. Salvage & Jobbing Co., Inc. v. Jacque Salomon, 367 So. 2d 716 (Fla. 3d DCA 1979)
- Kenet v. Stein, 326 So. 2d 36 (Fla. 3d DCA 1976)
- Latimore v. Matthews, 340 So. 2d 1261 (Fla. 3d DCA 1976)
- Cleveland Jones v. State, 400 So. 2d 204 (Fla. 4th DCA 1981)
- Thomas v. Personal Representative OF the Estate OF Leo Z. DeLOACH, Sr., 400 So. 2d 204 (Fla. 1st DCA 1981)