MARIA ROSA, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MANUEL ROSA, DECEASED, APPELLANT,
v.
EDWARD G. HODGES, INDIVIDUALLY, HODGES FUNERAL CHAPEL, INC., A FLORIDA CORPORATION, JOHN VASQUEZ AND JAMES WILLIAMS, INDIVIDUALLY AS EMPLOYEES OF YAHL BROTHERS DISPOSAL SERVICE, APPELLEES
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The court held that a motion to dismiss for lack of prosecution can be filed even if defendants were misnamed, and the dismissal of some defendants effectively dismissed the entire case.
Plaintiffs sued defendants, but there was no record activity for over a year. Plaintiffs sought to amend the complaint to correct defendants' names af…
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Explore caselaw by topic → Browse Florida Rule Of Civil Procedure 1.420(E) (Dismissal For Lack Of Prosecution) cases and more on FLexlaw
LEHAN, Judge.
We affirm the dismissal for lack of prosecution of this suit brought against Edward G. Hodges and Hodges Funeral Chapel, Inc. There had been no record activity in furtherance of the suit within one year prior to the filing of those defendants’ motion to dismiss for lack of prosecution. See Carter v. DeCarion, 400 So. 2d 521, 522 (Fla. 3d DCA 1981), review denied, 412 So. 2d 464 (Fla.1982). No showing that good cause existed for the lack of prosecution was made in accordance with Florida Rule of Civil Procedure 1.420(e). See Koppers Co. v. Victoire Development Corp., 284 So. 2d 193 (Fla.1973).
That those defendants were misnamed and that plaintiffs motion to amend by interlineation to correct their names to Earl G. Hodges and Earl G. Hodges Funeral Chapel, Inc. was not filed until after those defendants’ motion to dismiss was filed does not mean that they had no standing to file the motion. See RHPC, Inc. v. Gardner, 533 So. 2d 312, 314 (Fla. 2d DCA 1988). Whether or not technically the motion was filed by parties to the suit, Fla.R. Civ.P. 1.420(e) authorizes the filing by “any interested person, whether a party to the action or not.”
The suit was also brought against John Vasquez and James Williams. The trial court ruled, and plaintiff does not dispute on appeal, that the dismissal as to Edward G. Hodges and Hodges Funeral Chapel, Inc. effectively dismissed the entire case and rendered moot the Vasquez and Williams motions to dismiss.
Affirmed.
RYDER, A.C.J., and PARKER, J„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Pasco Cnty. v. Quail Hollow Props., Inc., 693 So. 2d 82 (Fla. 2d DCA 1997)…y within the year preceding the February 26 motion to dismiss, in the form of the County’s February 20 notice of hearing on a pending motion, the trial court erred in dismissing the action. We also find the defendants’ cited case of Rosa v. Hodges, 559 So. 2d 1289 (Fla. 2d DCA 1990), distinguishable. Attorney Orcutt does not qualify as “any interested person” who may move to dismiss under Rosa v. Hodges or under RHPC, Inc., v. Gardner, 533 So. 2d 312 (Fla. 2d DCA 1988). We reverse the order of dismissal and…
Authorities Cited
- Carter v. DeCARION, 400 So. 2d 521 (Fla. 3d DCA 1981)
- Koppers Co., Inc. v. Victoire Dev. Corp., 284 So. 2d 193 (Fla. 1973)
- RHPC, Inc. v. Gardner, 533 So. 2d 312 (Fla. 2d DCA 1988)