LEWIS HALE, APPELLANT,
v.
HART PROPERTIES, INC., D/B/A THE CASTAWAYS, APPELLEE
PER CURIAM.
The plaintiff appéals from an order of dismissal for lack of activity under Fla.R. Civ.P. 1.420(e). On September 17,1981, the defendant filed a motion to dismiss the complaint on the ground of improper service. While it was pending, the plaintiff filed a new summons with the sheriff, who properly reserved the defendant on August 13, 1982 and filed the return of service on August 17, 1982. Since the latter event, at the least, constituted 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Anthony v. Schmitt, 557 So. 2d 656 (Fla. 2d DCA 1990)…o years. . Eastern Elevator, Inc. v. Page, 263 So. 2d 218 (Fla.1972) (defendant’s interrogatories to plaintiff); Sittser v. General Motors Corp., 488 So. 2d 577 (Fla. 4th DCA 1986) (sheriff’s return of service is activity); Hale v. Hart Properties, 436 So. 2d 1093 (Fla. 3d DCA 1983) (sheriff's return of service is activity); Phillips Petroleum Co. v. Heimer, 339 So. 2d 284 (Fla. 3d DCA 1976), cert. denied, 348 So. 2d 948 (Fla.1977) (third-party defendant's action is sufficient to avoid dismissal). . Gulf App…
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Utset v. Campos, 548 So. 2d 834 (Fla. 3d DCA 1989)…of taking deposition or the issuance of a summons on a complaint, as here, constitutes sufficient record activity to preclude the dismissal of an action for failure to prosecute under Fla.R.Civ.P. 1.420(e). See, e.g., Hale v. Hart Properties, Inc., 436 So. 2d 1093, 1094 (Fla. 3d DCA 1983); Harris v. Winn-Dixie Stores, 378 So. 2d 90, 94 (Fla. 1st DCA 1979). It is urged, however, that the Florida Supreme Court in Koppers Co. v. Victoire Dev. Corp., 284 So. 2d 193 (Fla.1973), carved out an “exception” to the ge…
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Sittser v. Gen. Motors Corp., 488 So. 2d 577 (Fla. 4th DCA 1986)…s on Endicott Buick and General Motors prior to the time that they moved to dismiss. The filing of a sheriff’s return of process constitutes record activity sufficient to preclude dismissal for lack of prosecution. See Hale v. Hart Properties, Inc., 436 So. 2d 1093 (Fla. 3d DCA 1983). Next we address the renewed motions to dismiss. The renewed motions again alleged only a failure to prosecute during the time which lapsed between the filing of the complaint and the filing of the sheriff’s returns and summons.…
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- Marschall v. Water-Boggan Int'l, Inc., 401 So. 2d 1157 (Fla. 3d DCA 1981)
- de Benitez v. Robert Russel for Miami Caribe Invs., Inc., 430 So. 2d 524 (Fla. 3d DCA 1983)