HAROLD P. KOENIG, APPELLANT,
v.
DELOTTE HASKINS & SELLS, APPELLEE
HAROLD P. KOENIG, APPELLANT,
DELOTTE HASKINS & SELLS, APPELLEE
474 So. 2d 305
Florida District Court of Appeal, Third District (1985)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We hold that a settlement with one plaintiff is record activity calculated to hasten a cause to resolution, and therefore it was error for the trial court to dismiss the cause as to a remaining plaintiff because of alleged nonactivity pursuant to Rule 1.420, Florida Rules of Civil Procedure. See and Compare Eastern Elevator, Inc., v. Page, 263 So. 2d 218 (Fla.1972); Nektaredes v. Sagonias, 432 So. 2d 769 (Fla. 2d DCA 1983); Marschall v. Water-Boggan International, Inc., 401 So. 2d 1157 (Fla. 3d DCA 1981); DeVaney v. Rumsch, 247 So. 2d 69 (Fla. 1st DCA 1971).
The order under review dismissing the cause is reversed for further proceedings.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Valdes v. Lina Perez, 645 So. 2d 590 (Fla. 3d DCA 1994)…denied. * By contrast, a completed settlement can constitute good cause. Caldwell v. Mantei, 544 So. 2d at 255; American Eastern Corp. v. Henry Blanton, Inc., 382 So. 2d 863, 866 (Fla. 2d DCA 1980); see also Koenig v. Delotte Haskins & Sells, 474 So. 2d 305 (Fla. 3d DCA 1985). The Second District has also suggested that estoppel, or a calamity preventing record activity, can constitute good cause. American Eastern Corp. v. Henry Blanton, Inc., 382 So. 2d at 865.…
Authorities Cited
- E. Elevator, Inc. v. Page, 263 So. 2d 218 (Fla. 1972)
- Nektaredes v. Sagonias, 432 So. 2d 769 (Fla. 2d DCA 1983)
- DeVANEY v. Bernard J. Rumsch, M.D., 247 So. 2d 69 (Fla. 1st DCA 1971)
- Marschall v. Water-Boggan Int'l, Inc., 401 So. 2d 1157 (Fla. 3d DCA 1981)