JUDITH PEREZ DE BENITEZ, APPELLANT,
v.
ROBERT RUSSEL, RECEIVER FOR MIAMI CARIBE INVESTMENTS, INC., D/B/A COLUMBUS HOTEL AND PURITAN INSURANCE COMPANY, APPELLEES
JUDITH PEREZ DE BENITEZ, APPELLANT,
ROBERT RUSSEL, RECEIVER FOR MIAMI CARIBE INVESTMENTS, INC., D/B/A COLUMBUS HOTEL AND PURITAN INSURANCE COMPANY, APPELLEES
430 So. 2d 524
Florida District Court of Appeal, Third District (1983)
Positive Treatment
Cited by 2 cases
Opinion of the Court
[*525] PER CURIAM.
Since both the plaintiff’s deposition, Latimore v. Matthews, 340 So. 2d 1261 (Fla. 3d DCA 1976), and her motion to amend the complaint by interlineation, see Mueller v. North Broward Hospital District, 403 So. 2d 581 (Fla. 4th DCA 1981), were filed within a year of the motion to dismiss for lack of prosecution under Fla.R.Civ.P. 1.420(e), the order of dismissal under review was erroneous and is reversed. American Salvage & Jobbing Co. v. Salomon, 367 So. 2d 716 (Fla. 3d DCA 1979); Shalabey v. Memorial Hospital of South Broward Hospital District, 253 So. 2d 712 (Fla. 4th DCA 1971), cert. denied, 257 So. 2d 562 (Fla.1972).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Hale v. Hart Props., Inc., 436 So. 2d 1093 (Fla. 3d DCA 1983)…nstituted appropriate record activity in the cause within one year of the filirig of the defendant’s motion to dismiss on September 27, 1982, Marschall v. Water-Boggan International, Inc., 401 So. 2d 1157 (Fla. 3d DCA 1981); see De Benitz v. Russel, 430 So. 2d 524 (Fla.3d DCA 1983), the order under review is Reversed.…
Authorities Cited
- Am. Salvage & Jobbing Co., Inc. v. Jacque Salomon, 367 So. 2d 716 (Fla. 3d DCA 1979)
- COX v. Smith, 253 So. 2d 712 (Fla. 3d DCA 1971)
- Gaddis v. State, 253 So. 2d 712 (Fla. 3d DCA 1971)
- Ogle v. Pepin, 257 So. 2d 562 (Fla. 1972)
- Latimore v. Matthews, 340 So. 2d 1261 (Fla. 3d DCA 1976)
- Mueller v. N. Broward Hosp. Dist., 403 So. 2d 581 (Fla. 4th DCA 1981)