ROY LEON, AND ROY LEON CUSTOMHOUSE BROKERS, INC., APPELLANTS,
v.
OLD REPUBLIC INSURANCE CO., APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the trial court correctly dismissed the entire action for failure to prosecute, as the rule does not allow for dismissal of isolated claims.
Appellants, defendants and counterplaintiffs, moved for dismissal of the cause for failure to prosecute after over a year of inactivity. The next day,…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Florida Rule Of Civil Procedure 1.420(E) cases and more on FLexlaw
PER CURIAM.
Appellants Roy Leon and Roy Leon Customhouse Brokers, Inc., appeal an order of dismissal for failure to prosecute. We affirm.
Appellants, who will be referred to collectively as Leon, were defendants and counterplaintiffs below. After over one year had passed without record activity in the action, Leon moved for dismissal of the cause for failure to prosecute. The next day Leon filed a notice of deposition directed to appellee Old Republic Insurance Co. Thereafter, Old Republic also filed a motion to dismiss for failure to prosecute. At the hearing, Leon argued that the court should dismiss Old Republic’s suit, but that the counterclaim should remain pending, because Leon had filed a notice of deposition prior to Old Republic’s filing its motion to dismiss for failure to prosecute.
The trial court dismissed the entire action and was correct in doing so. Rule 1.420(e), Florida Rules of Civil Procedure, provides for dismissal of an action for failure to prosecute. It does not contemplate the dismissal of isolated claims or counterclaims. Hanson v. Poteet, 556 So. 2d 828, 828-30 (Fla. 2d DCA 1990).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Kook C. DO v. GEICO Gen. Ins. Co., 137 So. 3d 1039 (Fla. 3d DCA 2014)…that GEICO may settle a claim at its option by separate payment to the insured and the lienholder. . A dismissal for lack of prosecution operates to dismiss the entire action, and not isolated claims or counterclaims. Leon v. Old Republic Ins. Co., 561 So. 2d 1304 (Fla. 3d DCA 1990). Here, however, no part of Do's case remained pending after GEICO made payment. As Do argued in his motion to dismiss for lack of prosecution, after GEICO paid the lienholder, there remained nothing left for Do to prosecute on his…
-
Tinsley v. Mangonia Residence I, Ltd., 937 So. 2d 178 (Fla. 4th DCA 2006)…e counterclaim should also have been dismissed. We agree. Rule 1.420(e) provides that, where there is a failure to prosecute, the “action” shall be dismissed. The use of the word “action” means dismissal of all claims. Leon v. Old Republic Ins. Co., 561 So. 2d 1304 (Fla. 3d DCA 1990); Hanson v. Poteet, 556 So. 2d 828 (Fla. 2d DCA 1990). We reverse the judgment for attorney’s fees and costs against Tinsley and remand for dismissal of the counterclaim. GUNTHER and TAYLOR, JJ., concur.…
-
White v. Singletary, 717 So. 2d 1054 (Fla. 3d DCA 1998)…er a certified copy of the witnesses’s prior convictions into the record. See e.g. Fulton v. State, 335 So. 2d 280 (Fla.1976); Porter v. State, 593 So. 2d 1158 (Fla. 2d DCA 1992); Gavins v. State, 587 So. 2d 487 (Fla. 1st DCA 1991); Meyers v. State, 561 So. 2d 1304 (Fla. 3d DCA 1990); Cummings v. State, 412 So. 2d 436 (Fla. 4th DCA 1982); Blasco v. State, 419 So. 2d 807 (Fla. 3d DCA 1982); Williams v. State, 511 So. 2d 1017 (Fla. 2d DCA 1981); Rommell v. Firestone Tire & Rubber Co., 394 So. 2d 572 (Fla. 5th DC…
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
- Hanson v. Poteet, 556 So. 2d 828 (Fla. 2d DCA 1990)