LUCILLE DEANGELO AND VINCENT J. DEANGELO, APPELLANTS/CROSS APPELLEES,
v.
NEW JERSEY WIRE STITCHING MACHINE COMPANY, ETC., ET AL., APPELLEES, AND PALMER PAPER COMPANY, A DIVISION OF HAMMERMILL PAPER COMPANY, APPELLEE/CROSS APPELLANT
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 erred in denying its own motion for involuntary dismissal for lack of prosecution because the plaintiffs failed to demonstrate good cause for the delay.
No activity occurred in the case for one year, prompting the trial court to move for involuntary dismissal. The court denied its own motion after the …
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.
PER CURIAM.
Plaintiffs Lucille and Vincent DeAngelo appeal a partial final judgment entered in favor of defendant Hammermill Paper Company. Hammermill cross appeals a non-final order of the trial court rendered prior to the partial final judgment; the order denied the trial court’s own motion for involuntary dismissal for lack of prosecution. We reverse as to the non-final order on cross-appeal; therefore, the main appeal is moot and we do not address it.
It appears on the face of the record that no activity by filing of pleadings, order of court, or otherwise occurred for a period of one year in this instance. The trial court moved for involuntary dismissal pursuant to Florida Rule of Civil Procedure 1.420(e), but denied its own motion after hearing the DeAngelos’ showing of cause for the lack of prosecution. We have reviewed the record and do not find that the DeAngelos demonstrated good cause sufficient to avoid dismissal. See Yeargan v. Arrow Air, Inc., 561 So. 2d 354 (Fla. 3d DCA 1990).
We therefore reverse and remand with instructions for the trial court to dismiss the DeAngelos’ entire action. Magers v. Walker’s Cay Air Terminal, Inc., 451 So. 2d 867 (Fla. 4th DCA 1983), rev. denied, 458 So. 2d 273 (Fla.1984).
REVERSED and REMANDED with instructions.
DELL, WALDEN and GUNTHER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Columbus Bridges v. Kitchen, 451 So. 2d 867 (Fla. 2d DCA 1983)
- Magers v. Walker's CAY AIR Terminal, Inc., 451 So. 2d 867 (Fla. 4th DCA 1983)
- Yeargan v. Arrow AIR, Inc., 561 So. 2d 354 (Fla. 3d DCA 1990)