JOSE COLLADO, APPELLANT,
v.
C & C CATTLE COMPANY, INC., AND JOSEPH L. CARLILE, APPELLEE
JOSE COLLADO, APPELLANT,
C & C CATTLE COMPANY, INC., AND JOSEPH L. CARLILE, APPELLEE
415 So. 2d 901
Florida District Court of Appeal, Third District (1982)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
We reverse the order of the trial court granting defendant’s motion to dismiss for lack of prosecution pursuant to Fla.R.Civ.P. 1.420(e), since it affirmatively appears from this record that notice of taking of the defendant’s deposition was filed five days prior to the filing of the motion to dismiss. The computation of the time period is based on the one-year period prior to the filing of the motion to dismiss. American Salvage and Jobbing Company, Inc. v. Salomon, 367 So. 2d 716 (Fla. 3d DCA 1979); Flack v. Kuhn, 277 So. 2d 593 (Fla. 4th DCA 1973); see also Barnes v. Boss, 386 So. 2d 812 (Fla. 3d DCA 1980).
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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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)
- Barnes v. Dr. Patricia Ross & the Ladies Ctr. of S. Fla., Inc., 386 So. 2d 812 (Fla. 3d DCA 1980)
- Flack v. Kuhn, 277 So. 2d 593 (Fla. 4th DCA 1973)