GOLD COAST GRAPHICS, INC., APPELLANT,
v.
LESLIE RACHLINE AND DODI PUBLISHING CORPORATION, INC., APPELLEES
GOLD COAST GRAPHICS, INC., APPELLANT,
LESLIE RACHLINE AND DODI PUBLISHING CORPORATION, INC., APPELLEES
448 So. 2d 544
Florida District Court of Appeal, Third District (1984)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
The order dismissing the complaint for lack of prosecution with prejudice is reversed upon a holding that: (a) the notice of taking a deposition constituted activity sufficient to preclude dismissal, Silverman v. Equifax Services, Inc., 420 So. 2d 928 (Fla. 3d DCA 1982); (b) a dismissal for failure to prosecute may not be “with prejudice,” McDaniel v. Onkey, 422 So. 2d 70 (Fla. 2d DCA 1982).
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Jackson v. Layne, 464 So. 2d 1242 (Fla. 3d DCA 1985)…tify Layne’s photograph; the court made no mention of lack of prosecution. Even if the trial court had based its dismissal on that theory, a dismissal for failure to prosecute may not be entered with prejudice. Gold Coast Graphics, Inc. v. Rachline, 448 So. 2d 544 (Fla. 3d DCA 1984); Hamilton v. Millnul Associates, 443 So. 2d 485 (Fla. 3d DCA 1984). Accordingly, we find that the trial court abused its discretion in dismissing the cause. We therefore reverse the order appealed, reinstate the cause, and reman…
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Rime Abu-Hamdeh v. Ileana Romero-Bolumen, M.D., 889 So. 2d 879 (Fla. 3d DCA 2004)…So. 2d 578, 580 (Fla. 4th DCA 1999)). For the foregoing reasons, we affirm the dismissal of this case for lack of prosecution. . A dismissal for failure to prosecute may not be entered with prejudice. Gold Coast Graph [*881] ics, Inc. v. Rachline, 448 So. 2d 544 (Fla. 3d DCA 1984) (citing McDaniel v. Onkey, 422 So. 2d 70 (Fla. 2d DCA 1982)). . We note that plaintiff also sought absolution from the dismissing effect of Rule 1.420(e) by pointing to a motion to lift a six-month stay of the lower court proceed…
Authorities Cited
- Woodson McDANIEL v. Onkey, 422 So. 2d 70 (Fla. 2d DCA 1982)
- Silverman v. Equifax Servs., Inc., 420 So. 2d 928 (Fla. 3d DCA 1982)