TOMMY F. BROWN, SR., APPELLANT,
v.
BARI MALIN MEYERS, TALMAGE S. MEYERS AND STATE AUTOMOBILE MUTUAL INSURANCE COMPANY, APPELLEES
TOMMY F. BROWN, SR., APPELLANT,
BARI MALIN MEYERS, TALMAGE S. MEYERS AND STATE AUTOMOBILE MUTUAL INSURANCE COMPANY, APPELLEES
702 So. 2d 646
Florida District Court of Appeal, Fourth District (1997)
Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.
The trial court’s order setting a status conference was record activity sufficient to preclude dismissal of the case for lack of prosecution. See Samuels v. Palm Beach Motor Cars Limited by Simpson, Inc., 618 So. 2d 310 (Fla. 4th DCA 1993). Because reversal is warranted on this ground, we do not reach the issue of whether a hearing is necessary on appellant’s claim of “good cause” under Florida Rule of Civil Procedure 1.420(e), based on the terminal illness of his wife of 36 years, his grief after her death, his health problems and the withdrawal of his original attorney.
POLEN, STEVENSON and GROSS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Moossun v. Orlando Reg'l Health Care, 826 So. 2d 945 (Fla. 2002)…PER CURIAM. We have for review Moossun v. Orlando Regional Health Care, 760 So. 2d 193 (Fla. 5th DCA 2000), based on conflict with the decisions in Charyulu v. Mercy Hospital, Inc., 703 So. 2d 1155 (Fla. 3d DCA 1997), Brown v. Meyers, 702 So. 2d 646 (Fla. 4th DCA 1997), and Samuels v. Palm Beach Motor Cars Limited by Simpson, Inc., 618 So. 2d 310 (Fla. 4th DCA 1993), on the issue of whether a trial court’s order setting a case management conference constitutes sufficient “record activity” to pr…1 / 4
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Moossun v. Orlando Reg'l Health Care, 760 So. 2d 193 (Fla. 5th DCA 2000)…e at a status conference can significantly advance a cause toward resolution, for example, by narrowing the issues to be tried or through exploration of settlement possibilities. Id. at 311. The Fourth District followed Samuels in Brown v. Meyers, 702 So. 2d 646 (Fla. 4th DCA 1997), holding that the trial court’s mere issuance of an order setting a case for a status conference was sufficient record activity within the meaning of rule 1.420(e) to preclude dismissal of an action for lack of prosecution. The s…1 / 2
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Dakich v. Gilbert, 753 So. 2d 658 (Fla. 4th DCA 2000)…September 8, 1998 at which it argued its motion to amend the complaint. The court also treated the hearing as a status conference. This noticed hearing constituted record activity sufficient to preclude dismissal under the Rule. See Brown v. Meyers, 702 So. 2d 646 (Fla. 4th DCA 1997); Samuels v. Palm Beach Motor Cars Ltd. by Simpson, Inc., 618 So. 2d 310 (Fla. 4th DCA 1993); Wilcox v. Morse, 693 So. 2d 91, 92 (Fla. 2d DCA 1997). REVERSED. DELL, POLEN and GROSS, JJ., concur.…
Authorities Cited
- Samuels v. Palm Beach Motor Cars Ltd. BY Simpson, Inc., 618 So. 2d 310 (Fla. 4th DCA 1993)