ORANGE ELECTRIC COMPANY, APPELLANT,
v.
HUGHES SUPPLY, INC., AND ITE IMPERIAL CORPORATION, APPELLEES
ORANGE ELECTRIC COMPANY, APPELLANT,
HUGHES SUPPLY, INC., AND ITE IMPERIAL CORPORATION, APPELLEES
467 So. 2d 479
Florida District Court of Appeal, Fifth District (1985)
Positive Treatment
Cited by 8 cases
Opinion of the Court
COWART, Judge.
The plaintiff’s filing of a Notice of Taking Deposition within the one year period is sufficient record activity to preclude dismissal for lack of prosecution under Florida Rule of Civil Procedure 1.420(e) notwithstanding that the deposition was never taken. See Harris v. Winn Dixie Stores, Inc., 378 So. 2d 90 (Fla. 1st DCA 1979).
The order dismissing the case for failure to prosecute is
REVERSED.
DAUKSCH and SHARP, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Anthony v. Schmitt, 557 So. 2d 656 (Fla. 2d DCA 1990)…Liuzzo v. Crapo, 504 So. 2d 480 (Fla. 1st DCA 1987) (request for production); Hunter v. Cal-Maine Foods, Inc., 477 So. 2d 642 (Fla. 5th DCA 1985), review denied, 488 So. 2d 67 (Fla.1986) (notice to produce); Orange Elec. Co. v. Hughes Supply, Inc., 467 So. 2d 479 (Fla. 5th DCA 1985) (notice of taking deposition, even though deposition not taken); Greenwell v. Cuiffo, 415 So. 2d 901 (Fla. 3d DCA 1982) (interrogatories and notice of hearing); American Salvage & Jobbing Co. v. Salomon, 367 So. 2d 716 (Fla. 3d D…
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Q.I.P. Corp. v. Berger, 547 So. 2d 1286 (Fla. 4th DCA 1989)…Philips v. Marshall Berwick Chevrolet, Inc., 467 So. 2d 1068 (Fla. 4th DCA 1985); Santa v. Thermo-Air Service, Inc., 506 So. 2d 1170 (Fla. 3d DCA 1987); Liuzzo v. Crapo, 504 So. 2d 480 (Fla. 1st DCA 1987); Orange Electric Co. v. Hughes Supply, Inc., 467 So. 2d 479 (Fla. 5th DCA 1985). The only remaining theory upon which to sustain the order of dismissal is under an inherent power to dismiss an action for failure to prosecute unrelated to rule 1.420. Florida case law recognizes [*1289] certain circumstances…
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Milligan v. Osborne, 682 So. 2d 706 (Fla. 5th DCA 1996)…Norflor Constr. Corp. v. City of Gainesville, 512 So. 2d 266 (Fla. 1st DCA 1987), review denied, 520 So. 2d 585 (Fla.1988)(the last undisputed record activity was the filing of a notice of taking deposition); Orange Elec. Co. v. Hughes Supply, Inc., 467 So. 2d 479 (Fla. 5th DCA 1985) (notice of taking deposition even though deposition was not taken); City of Jacksonville v. Hinson, 202 So. 2d 806 (Fla. 1st DCA), cert. denied, 207 So. 2d 688 (Fla.1967) (notice of taking deposition).…
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- Harris v. Winn-Dixie Stores, Inc., 378 So. 2d 90 (Fla. 1st DCA 1979)