KATHY ANEMONE, ET AL., APPELLANTS,
v.
CONCORDE CAREERS FLORIDA, INC., APPELLEE
KATHY ANEMONE, ET AL., APPELLANTS,
CONCORDE CAREERS FLORIDA, INC., APPELLEE
657 So. 2d 900
Florida District Court of Appeal, First District (1995)
Positive Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM.
We have on review a final order of dismissal against 68 of 69 plaintiffs on the ground of misjoinder of parties.
While the trial court has wide discretion to control the docket in order to ensure economic and judicial efficiency (for instance, grouping or severing claims for trial or discovery purposes), we find that dismissal was not appropriate. See rule 1.250(a), Florida Rules of Civil Procedure; Alanco v. Bystrom, 544 So. 2d 217 (Fla. 3d DCA 1989), rev. denied, 553 So. 2d 1164 (Fla.1989).
The order of dismissal is, therefore, reversed.
WOLF, WEBSTER and MICKLE, JJ., concur.
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State v. Weyant, 990 So. 2d 675 (Fla. 2d DCA 2008)…son to have a firearm inside a vehicle’s closed center console because the firearm is securely encased. See Bell v. State, 636 So. 2d 80, 81 (Fla. 2d DCA 1994); City of Miami v. Swift, 481 So. 2d 26, 27 (Fla. 3d DCA 1985); see also Gemmill v. State, 657 So. 2d 900, 901-02 (Fla. 4th DCA 1995) (holding that a firearm found in a closed box wedged between the driver’s seat and the passenger’s seat was securely encased). Under these authorities, if Wey-ant’s firearm had been loaded and kept in the closed console,…
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Dixon v. State, 831 So. 2d 775 (Fla. 4th DCA 2002)…636 So. 2d 80, 81 (Fla. 2d DCA 1994), in which the court held that a gun found in the closed center console of a vehicle fell within the exception to the prohibition against carrying a concealed firearm. It is also consistent with Gemmill v. State, 657 So. 2d 900, 902 (Fla. 4th DCA 1995), where we held that a pistol in a closed box wedged between the driver and passenger seats in defendant’s vehicle was securely encased within the meaning of the statute. See also State v. Gomez, 508 So. 2d 784, 786 (Fla. 5th…
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Doughty v. State, 979 So. 2d 1048 (Fla. 4th DCA 2008)…securely encased” in Doughty’s zippered pack. Yet, pursuant to the unambiguous language of section 790.25(5), even a securely encased weapon does not fall under the private conveyance exception if it is carried “on the person.” See Gemmill v. State, 657 So. 2d 900, 902 (Fla. 4th DCA 1995). In Gemmill, the defendant was carrying a concealed weapon on his waist in a securely encased zippered pack, inside an automobile. , We recognized that “section 790.25 specifically provides that the securely encased exceptio…
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- Alanco v. Bystrom, 544 So. 2d 217 (Fla. 3d DCA 1989)