ANNE CRAVENS AND HELEN SNOOK, INDIVIDUALLY, APPELLANTS/CROSS APPELLEES,
v.
MARGARET M. KULUBIS, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF THEODORE B. POTTER, GEORGE F. POTTER, JEANET ROMRO, CAROLYN SZABO, AND MARIBEL O'NEAL, ALL INDIVIDUALLY, APPELLEES/CROSS APPELLANTS
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The court held that a request for admissions, like interrogatories, constitutes sufficient prosecution to prevent dismissal for lack of prosecution.
The plaintiff filed a second request for admissions, and the defendant responded within one year prior to the motion to dismiss. The trial court dismi…
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Explore caselaw by topic → Browse Florida Rule Of Civil Procedure 1.420(E) (Dismissal For Lack Of Prosecution) cases and more on FLexlaw
DANAHY, Acting Chief Judge.
The trial court dismissed this action for lack of prosecution on August 16, 1995, pursuant to Florida Rule of Civil Procedure 1.420(e). We reverse.
On December 7,1994, the appellee Margaret M. Kulubis, individually and as personal representative of the Estate of Theodore B. Potter, filed in the trial court her second request for admissions directed to the appellant Anne Cravens. The appellant Cravens filed her response to this second request for admissions on January 9, 1995. Both these filings occurred within one year prior to the filing of the appellees’ motion to dismiss for lack of prosecution.
Our supreme court has held that one defendant’s filing of written interrogatories to be answered by a plaintiff constituted a sufficient affirmative showing of prosecution of the action to justify denial of the defendant’s motion to dismiss for lack of prosecution. Eastern Elevator, Inc. v. Page, 263 So. 2d 218 (Fla.1972). A request for admissions, as in this case, should have the same effect. See Milligan v. Osborne, 682 So. 2d 706 (Fla. 5th DCA 1996) (notice of taking deposition filed by defendant precludes dismissal for lack of prosecution; either party’s record activity can serve as a basis for not dismissing action for lack of prosecution).
For the foregoing reasons, we reverse.
LAZZARA and WHATLEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Hall v. Metro. Dade Cnty., 760 So. 2d 1051 (Fla. 3d DCA 2000)…secution. See Hannon v. Nassr, 701 So. 2d 445 (Fla. 3d DCA 1997); Utset v. Campos, 548 So. 2d 834, 837 (Fla. 3d DCA 1989); Silverman v. Equifax Services, Inc., 420 So. 2d 928, 929 (Fla. 3d DCA 1982). Other cases in accord include Cravens v. Kulubis, 694 So. 2d 780, 781 (Fla. 2d DCA 1997); Milligan v. Osborne, 682 So. 2d 706, 706 (Fla. 5th DCA 1996); Q.I.P. Corp. v. Berger, 547 So. 2d 1286, 1288 (Fla. 4th DCA 1989); and Harris v. Winn-Dixie Stores, Inc., 378 So. 2d 90, 94 (Fla. 1st DCA 1979), disapproved on ot…
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Balbin v. Wayne, 730 So. 2d 845 (Fla. 3d DCA 1999)…he appellee. We conclude that this record activity was sufficient to withstand dismissal of this cause pursuant to rule 1.420. See generally Titusville Assocs. v. Epoch Management, Inc., 702 So. 2d 1309, 1310 (Fla. 5th DCA 1997); Cravens v. Kulubis, 694 So. 2d 780, 781 (Fla. 2d DCA 1997); American Cas. Co. of Reading, Pa. v. Hess, 654 So. 2d 1011, 1014 (Fla. 1st DCA 1995); Bush v. Univest Real Estate Corp., 636 So. 2d 565, 566 (Fla. 3d DCA 1994); Liuzzo v. Crapo, 504 So. 2d 480, 481 (Fla. 1st DCA 1987). Rev…
Authorities Cited
- E. Elevator, Inc. v. Page, 263 So. 2d 218 (Fla. 1972)
- Milligan v. Osborne, 682 So. 2d 706 (Fla. 5th DCA 1996)