NATHAN B. HIRSCH, M.D., APPELLANT,
v.
YOUNG H. MULDOWNEY, APPELLEE
PER CURIAM.
The trial court should have granted defendant’s motion to dismiss for lack of prosecution where (1) the last record activity prior to the filing of that motion was an order continuing trial filed more than one year before, and (2) plaintiff did not show good cause in writing, at least five days before the hearing on the motion, why the action should remain pending. Fla.R.Civ.P. 1.420(e); Govayra v. Straubel, 466 So. 2d 1065 (Fla.1985). Further, it was plaintiff’s burden, not the court’s, to renotice the case for trial since it was the plaintiff who requested the continuance due to withdrawal of counsel. See Govayra; Bogart v. F.B. Condominiums, Inc., 438 So. 2d 856 (Fla. 2d DCA 1983), rev. denied, 449 So. 2d 264 (Fla.1984).
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Heinz v. Watson, 615 So. 2d 750 (Fla. 5th DCA 1993)…arrants a dismissal of the action. Govayra v. Straubel, 466 So. 2d 1065 (Fla.1985); Golden Triad Carriers, Inc. v. Paco American Corp., 553 So. 2d 247 (Fla. 3d DCA 1989); Martinez v. Fuenmayor, 533 So. 2d 935 (Fla. 3d DCA 1988); Hirsch v. Muldowney, 470 So. 2d 766 (Fla. 3d DCA 1985). AFFIRMED. PETERSON and DIAMANTIS, JJ., concur.…
-
Southwinds Riding Acad. & Wynell Sebree v. Schneider, 507 So. 2d 782 (Fla. 3d DCA 1987)…ake Crescent Development Corp. v. Flowers, 355 So. 2d 867 (Fla. 1st DCA 1978); Industrial Trucks of Florida, Inc. v. Gonzalez, 351 So. 2d 744 (Fla. 3d DCA 1977); Dade County v. Moreno, 227 So. 2d 548 (Fla. 3d DCA 1969). Although Hirsch v. Muldowney, 470 So. 2d 766 (Fla. 3d DCA 1985), was decided well after the rule change, it is not clear from the opinion whether the appeal there was from a final judgment or from an interlocutory order, despite the gratuitous, but not necessarily accurate, comment inserted by…
-
Miami Nat'l Bank v. Leo Greenfield, Leo Greenfield, P.A., 488 So. 2d 559 (Fla. 3d DCA 1986)…Pivotal to the supreme court’s holding that plaintiff had the responsibility for renoticing the case for trial was the fact that plaintiff had requested a continuance after giving notice for trial. The holdings were the same in Hirsch v. Muldowney, 470 So. 2d 766 (Fla. 3d DCA 1985), and Bogart v. F.B. Condominiums, Inc., 438 So. 2d 856 (Fla. 2d DCA 1983), rev. denied, 449 So. 2d 264 (Fla.1984), also relied upon by defendants. MNB never requested a continuance after noticing the case for trial. Writing for th…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Govayra v. Straubel, 466 So. 2d 1065 (Fla. 1985)
- Bogart v. F.B. Condos., Inc., 438 So. 2d 856 (Fla. 2d DCA 1983)