OAK CASUALTY INSURANCE COMPANY, ETC., ET AL. APPELLANTS,
v.
GLORIA HORNE, APPELLEE
OAK CASUALTY INSURANCE COMPANY, ETC., ET AL. APPELLANTS,
GLORIA HORNE, APPELLEE
661 So. 2d 423
Florida District Court of Appeal, Third District (1995)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
Oak Casualty Insurance and Claudio Meni-eocci appeal the dismissal of their action against Gloria Horne. We reverse the order dismissing for failure to prosecute, as there was record activity — the filing of an amended complaint — during the one-year period preceding the order. See Fla.R.Civ.P. 1.420(e); Parker v. Gordon, 442 So. 2d 273, 275 (Fla. 4th DCA 1983).
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hannon v. Nassr, 701 So. 2d 445 (Fla. 3d DCA 1997)…tate Department of Environmental Protection v. Crest Products, Inc., 671 So. 2d 211 (Fla. 2d DCA 1996)(the filing of a notice for trial bars the trial court from dismissing the action for lack of prosecution); Oak Casualty Insurance Company v. Home, 661 So. 2d 423 (Fla. 3d DCA 1995). Reversed. . Ordinarily, the filing of a Motion to Dismiss is the event which marks the end of the one year period within which we look for record activity. In this case the order of dismissal was entered by the trial court,…
Authorities Cited
- Parker v. Gordon, 442 So. 2d 273 (Fla. 4th DCA 1983)
- Lanoris Nealy v. City OF W. Palm Beach & Crawford & Co., 442 So. 2d 273 (Fla. 1st DCA 1983)