SOLOMON MALKA, APPELLANT,
v.
LONNIE LAWRENCE, ET AL., APPELLEES
SOLOMON MALKA, APPELLANT,
LONNIE LAWRENCE, ET AL., APPELLEES
690 So. 2d 649
Florida District Court of Appeal, Third District (1997)
Caution
Cited by 7 cases
Opinion of the Court
PER CURIAM.
Because, within the one-year period prior to dismissal, the plaintiff filed and served requests for admissions as to genuine issues in the case which had been disputed in the pleadings, the trial court erred in dismissing the cause for lack of prosecution under Florida Rule of Civil Procedure 1.420(e). See Del Duca v. Anthony, 587 So. 2d 1306 (Fla.1991).
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
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Sheen v. THE Time Inc. Magazine Co. & John Sims, 817 So. 2d 974 (Fla. 3d DCA 2002)…976] son advised that he or she was not certain such requests counted, and asked that they be forwarded. This alleged conversation, however, is not substantiated by the record on appeal. . Sheen relies on this Court's decision in Malka v. Lawrence, 690 So. 2d 649 (Fla. 3d DCA 1997) to suggest that requests for admission always constitute record activity for purposes of rule 1.420(e). Malka, however, does not stand for that proposition. The holding in Malka was based specifically on the filing and service of…
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Theron Remington v. City OF Ocala/United Self Insured, 940 So. 2d 1207 (Fla. 1st DCA 2006)…knowledge that payment of costs would still be awarded as part of a claimant’s remedial treatment, care, and attendance, as held in Mobley, else it would have stated the contrary. Bair, 678 So. 2d at 903-04. See also Wal Mart Stores, Inc. v. Mann, 690 So. 2d 649, 650 (Fla. 1st DCA 1997) (affirming award of medical mileage on the authority of Bair). When, by enacting section 17 of chapter 93-415 of the Laws of Florida, the Legislature deleted the medical mileage provision that it had enacted after Mobley, C…
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Chudnof-James v. Racetrac Petroleum, Inc., 827 So. 2d 369 (Fla. 1st DCA 2002)…competent substantial evidence to support findings of either the medical necessity of the treatment or the causal relationship between the work-related injury and the June 2000 emergency room treatment. See generally, Wal Mart Stores, Inc. v. Mann, 690 So. 2d 649 (Fla. 1st DCA 1997) (ruling the JCC erred in authorizing certain medical care absent evidence that such care was medically necessary; claimant presented no medical testimony that her condition was causally related to her industrial injury). Therefor…
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- del Duca v. Anthony, 587 So. 2d 1306 (Fla. 1991)