PHILIP DENSON, APPELLANT,
v.
JAMES EDWARD MEYER AND WESLEY L. MEYER, APPELLEES
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The court affirmed dismissal of an action for lack of prosecution, holding that settlement negotiations do not constitute good cause to excuse inactivity exceeding one year under Florida Rule of Civil Procedure 1.420(e).
Settlement negotiations between parties do not constitute good cause under Fla.R.Civ.P. 1.420(e) to excuse more than one year of admitted lack of record activity.
[1] Settlement negotiations between parties do not constitute good cause under Fla.R.Civ.P. …
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Join FLexlaw to unlock all legal intelligencePlaintiff Denson filed an action against defendants Meyer and Meyer. The parties engaged in settlement negotiations, but no record activity occurred f…
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PER CURIAM.
The final order dismissing the action below for lack of prosecution under Fla.R. Civ.P. 1.420(e) is affirmed upon a holding that: (1) the trial court had jurisdiction to reconsider a prior ruling denying the defendant’s motion to dismiss for lack of prosecution, see Alabama Hotel Co. v. J.L. Mott Iron Works, 86 Fla. 608, 98 So. 825 (1924); Bettez v. City of Miami, 510 So. 2d 1242, 1243 (Fla. 3d DCA 1987); Margulies v. Levy, 439 So. 2d 336 (Fla. 3d DCA 1983); (2) the settlement negotiations between the parties herein do not, as urged, constitute “good cause” under Fla.R.Civ.P. 1.420(e) for the admitted lack of record activity of more than one year prior to the filing of the defendant’s motion to dismiss for lack of prosecution, Caldwell v. Mantei, 544 So. 2d 252, 254-55 (Fla. 2d DCA 1989); Appraisal Group, Inc. v. Visual Communications, Inc., 426 So. 2d 1155, 1156 (Fla. 3d DCA 1983); Steisel v. Bimholz, 313 So. 2d 125, 126 (Fla. 3d DCA 1975), cert. denied, 330 So. 2d 14 (Fla.1976); and (3) the trial court, therefore, properly dismissed the action below for lack of prosecution. See Norflor Constr. Corp. v. City of Gainesville, 512 So. 2d 266, 268 (Fla. 1st DCA 1987), rev. denied, 520 So. 2d 585 (Fla.1988); Carter v. DeCarion, 400 So. 2d 521, 523 (Fla. 3d DCA 1981), rev. denied, 412 So. 2d 464 (Fla.1982); Industrial Trucks of Fla. v. Gonzalez, 351 So. 2d 744, 747 (Fla. 3d DCA 1977).
Affirmed.
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)….1992). “[S]ettlement negotiations that do not reach fruition ... are insufficient to establish good cause for failure to prosecute, ... much less, compelling cause-” Caldwell v. Mantei, 544 So. 2d at 255 (citations omitted); accord Denson v. Meyer, 565 So. 2d 758 (Fla. 3d DCA 1990); Carter v. DeCarion, 400 So. 2d 521, 523 (Fla. 3d DCA 1981), review denied, 412 So. 2d 464 (Fla.1982).* Under the logic of the cited cases, a demand for judgment under section 768.79 is properly classified as a settlement negotiat…
Authorities Cited
- Ala. Hotel Co. v. The J. L. Mott Iron Works, 86 Fla. 608 (Fla. 1923)
- Norflor Constr. Corp. v. City OF Gainesville & CH2M Hill Se., Inc., 512 So. 2d 266 (Fla. 1st DCA 1987)
- Bettez v. The City OF Miami, 510 So. 2d 1242 (Fla. 3d DCA 1987)
- State v. Brannon, 351 So. 2d 744 (Fla. 3d DCA 1977)
- Aurora Pacheco and Ubaldo Pacheco v. Ramos, 351 So. 2d 744 (Fla. 3d DCA 1977)
- L.R. Caldwell, Jr. v. Mantei, 544 So. 2d 252 (Fla. 2d DCA 1989)
- Carter v. DeCARION, 400 So. 2d 521 (Fla. 3d DCA 1981)
- Steisel v. Standford Birnholz, 313 So. 2d 125 (Fla. 3d DCA 1975)
- Appraisal Grp., Inc. v. Visual Commc'ns, Inc., 426 So. 2d 1155 (Fla. 3d DCA 1983)
- Margulies v. The Honorable David L. Levy, 439 So. 2d 336 (Fla. 3d DCA 1983)