RICHARD MAGERS AND DOROTHY MAGERS, APPELLANTS,
v.
WALKER'S CAY AIR TERMINAL, INC., F/K/A HANSA JET CORP., JAMES HILL AND SOUTH FLORIDA AIRCRAFT SALES AND LEASING, INC., APPELLEES; JAMES HILL AND SOUTH FLORIDA AIRCRAFT SALES AND LEASING, INC., CROSS-APPELLANTS, V. RICHARD MAGERS AND DOROTHY MAGERS, AND WALKER'S CAY AIR TERMINAL, INC., F/K/A HANSA JET CORP., CROSS-APPELLEES
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The court held that a dismissal for lack of prosecution under Rule 1.420(e) applies to the entire action, not just the moving party. It was error not to dismiss the action against all defendants.
Appellants sued multiple defendants. The trial court dismissed the action against one defendant for lack of prosecution but not against the others. Th…
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WALDEN, Judge.
Appellants sued Walker’s Cay Air Terminal, Inc., James Hill, and .South Florida Aircraft Sales and Leasing, Inc., for damages. The trial court subsequently granted a motion to dismiss for lack of prosecution filed by Walker’s Cay. This ruling was appealed. Upon review we are of the opinion that the trial court ruled correctly and that appellants failed to demonstrate any abuse of discretion by the court. Thus, we affirm on this issue.
Appellees Hill and South Florida Aircraft Sales and Leasing, Inc., have filed a cross appeal, charging that it was error for the trial court to dismiss the action as to the moving party, Walker’s Cay, but not as to them. Their contention is that Florida Rule of Civil Procedure 1.420(e), under which the motion was brought, provides for the dismissal of an entire “action,” as opposed to only the moving party, where a failure to prosecute has been demonstrated. We agree. Therefore, we hold that it was error not to dismiss the Magers’ action against James Hill and South Florida Aircraft Sales and Leasing, Inc., for lack of prosecution. Phillips Petroleum Co. v. Heimer, 339 So. 2d 284 (Fla. 3d DCA 1976), cert. denied, 348 So. 2d 948 (Fla.1977); Bowman v. Peele, 413 So. 2d 90 (Fla. 2d DCA 1982); Smith v. St. George Island Gulf Beaches, Inc., 343 So. 2d 847 (Fla. 1st DCA 1976).
We affirm the dismissal of the instant action as to Walker’s Cay Air Terminal, Inc. We reverse the trial court’s denial of dismissal as to James Hill and South Florida Aircraft Sales and Leasing, Inc., and remand with instructions that those two parties be dismissed.
GLICKSTEIN and HURLEY, JJ., concur.
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Nat'l Enters., Inc. v. Foodtech Hialeah, Inc., 777 So. 2d 1191 (Fla. 3d DCA 2001)…Palokonis v. EGR Enters. Inc., 652 So. 2d 482, 483 (Fla. 5th DCA 1995). See also Kearney v. Ross, 743 So. 2d 578 (Fla. 4th DCA 1999); Cole v. Dep’t. of Corrections, 726 So. 2d 854, 855 (Fla. 4th DCA 1999); Magers v. Walker’s Cay Air Terminal, Inc., 451 So. 2d 867 (Fla. 4th DCA 1983). The appellant in this cause, however, has not provided us with any transcript or stipulation of statement of fact made pursuant to Fla.R.App.P. 9.200(b)(4) reflecting what, if any, explanation as to good cause was proffered to…
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Lemuel L. Cole v. Dep't OF Corr., 726 So. 2d 854 (Fla. 4th DCA 1999)…for lack of prosecution, which the trial court granted after a telephonic hearing. A trial court’s dismissal of a complaint for failure to prosecute will not be reversed absent an abuse of discretion. See Magers v. Walker’s Cay Air Terminal, Inc., 451 So. 2d 867, 868 (Fla. 4th DCA 1984). Florida Rule of Civil Procedure 1.420(e) provides that, “[a]ll actions in which it appears on the face of the record that no activity by filing of pleadings, order of court, or otherwise has occurred for a period of 1 year…
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Sandini v. Fla. E. Coast Props. Inc., 454 So. 2d 578 (Fla. 4th DCA 1984)…lity to insulate itself from trial in this case, given the recited chronology, did not justify application of the one-year rule. We are aware of the line of cases, among them this court’s recent decision in Magers v. Walker’s Cay Air Terminal, Inc., 451 So. 2d 867 (Fla. 4th DCA 1983), holding that dismissal for lack of prosecution inures to actions, not individual parties. These decisions are distinguishable from the instant case, however, because jurisdiction was not obtained over all of the parties. See Cro…
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
- Bowman v. Peele, 413 So. 2d 90 (Fla. 2d DCA 1982)
- Phillips Petroleum Co. v. Art Heimer, 339 So. 2d 284 (Fla. 3d DCA 1976)
- Smith v. ST. George Island Gulf Beaches, Inc., 343 So. 2d 847 (Fla. 1st DCA 1976)