APPRAISAL GROUP, INC., APPELLANT,
v.
VISUAL COMMUNICATIONS, INC., APPELLEE
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The court affirmed dismissal for lack of prosecution under Florida Rule of Civil Procedure 1.420(e), holding that stipulations regarding counsel substitution and nonrecord settlement activity do not prevent such dismissal when no good cause is shown for maintaining the action.
Stipulations for substitution of counsel and nonrecord settlement negotiations do not preclude dismissal for lack of prosecution under Florida Rule of Civil Procedure 1.420(e) when no good cause is presented for maintaining the action.
[1] Stipulations for substitution of counsel and nonrecord activity such as execution proceedings and settlement negotiations do not constitute sufficient grounds to preclude…
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Join FLexlaw to unlock all legal intelligenceAppraisal Group, Inc. appealed a dismissal for lack of prosecution. A default judgment from November 20, 1979 had been set aside by the trial court on…
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PER CURIAM.
Neither the stipulation and order for substitution of counsel, Boeing Co. v. Merchant, 397 So. 2d 399 (Fla. 5th DCA 1981), pet. for rev. den., 412 So. 2d 468 (Fla.1982); Industrial Trucks of Florida, Inc. v. Gonzalez, 351 So. 2d 744 (Fla. 3d DCA 1977), nor nonrecord activity consisting of execution proceedings and attempted settlement negotiations, Carter v. DeCarion, 400 So. 2d 521 (Fla. 3d DCA 1981), pet. for rev. den., 412 So. 2d 464 (Fla.1982); Tosar v. Sladek, 393 So. 2d 61 (Fla. 3d DCA 1981); American Eastern Corp. v. Henry Blanton Inc., 382 So. 2d 863 (Fla. 2d DCA 1980); Steisel v. Birnholz, 313 So. 2d 125 (Fla. 3d DCA 1975), cert. denied, 330 So. 2d 14 (Fla.1976), was sufficient to preclude a dismissal for lack of prosecution entered pursuant to Florida Rule of Civil Procedure 1.420(e).
As the final default judgment of November 20, 1979 was set aside by the trial court’s order dated May 7, 1980, and no good cause was presented to the court explaining why the action should remain pending, the trial court did not abuse its discretion in dismissing the action. See Douglas v. Eiriksson, 347 So. 2d 1074 (Fla. 1st DCA), cert. denied, 353 So. 2d 674 (Fla.1977).
Appellant’s remaining contentions have been considered and found to be without merit.
Therefore, the order under review is
AFFIRMED.
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Nelson v. Stonewall Ins. Co., 440 So. 2d 664 (Fla. 1st DCA 1983)…s Development, Inc. v. Amerifirst Federal Savings and Loan Assn., 433 So. 2d 587 (Fla. 3d DCA 1983) (motion to reflect previously accomplished name change of defendant and court’s order therein); Appraisal Group, Inc. v. Visual Communications, Inc., 426 So. 2d 1155 (Fla. 3d DCA 1983) (stipulation and order for substitution of counsel); Boeing Company v. Merchant, 397 So. 2d 399 (Fla. 5th DCA 1981) (order to show cause for lack of prosecution); Industrial Trucks of Florida, Inc. v. Gonzalez, 351 So. 2d 744 (Fla…
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Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
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- Am. E. Corp. v. Henry Blanton, Inc., 382 So. 2d 863 (Fla. 2d DCA 1980)
- State v. Brannon, 351 So. 2d 744 (Fla. 3d DCA 1977)
- Aurora Pacheco and Ubaldo Pacheco v. Ramos, 351 So. 2d 744 (Fla. 3d DCA 1977)
- Moore v. Moore, 393 So. 2d 61 (Fla. 3d DCA 1981)
- Carter v. DeCARION, 400 So. 2d 521 (Fla. 3d DCA 1981)
- Douglas v. Arneda Eiriksson, 347 So. 2d 1074 (Fla. 1st DCA 1977)
- Steisel v. Standford Birnholz, 313 So. 2d 125 (Fla. 3d DCA 1975)
- Babb v. State, 397 So. 2d 399 (Fla. 5th DCA 1981)
- The Boeing Co. v. Jessee David Merchant and Flora Merchant, 397 So. 2d 399 (Fla. 5th DCA 1981)