GEOFFREY LYNCH, APPELLANT,
v.
UNITED DISTRIBUTORS, INC., APPELLEE

Fla. 4th DCA | 2005-12-07
No. 4D04-4764
STEVENSON, C.J., and POLEN, J., concur.
915 So. 2d 274 Florida District Court of Appeal, Fourth District (2005) Positive Treatment
Cited by 9 cases
Opinion of the Court
SHAHOOD, J.

SHAHOOD, J.

We reverse the order dismissing appellant’s second amended complaint for lack of prosecution pursuant to rule 1.420(e), Florida Rules of Civil Procedure, because there was, on the face of the record, activity within the one-year period, i.e., appellant’s notice of compliance with discovery. See Fla. R. Civ. P. 1.420; Wilson v. Salomon, 30 Fla. L. Weekly S701, - So. 2d -, 2005 WL 2663432 (Fla. Oct. 20, 2005).

Reversed and Remanded.

STEVENSON, C.J., and POLEN, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Weston TC LLLP v. CNDP Mktg. Inc., 66 So. 3d 370 (Fla. 4th DCA 2011)
    …o. v. Marine Sales & Servs., Inc., 923 So. 2d 535 (Fla. 4th DCA 2006) (a civil cover sheet); Frisbie v. Gardiner, 917 So. 2d 403 (Fla. 4th DCA 2006) (a motion to withdraw as counsel and an order granting the motion); Lynch v. United Distribs., Inc., 915 So. 2d 274 (Fla. 4th DCA 2005) (a notice of compliance with discovery).…
  • Mourning v. Ballast Nedam Constr., Inc., 964 So. 2d 889 (Fla. 4th DCA 2007)
    …ication of rules of civil procedure in a bright-line fashion, on no less than seventeen occasions since December 2005.5 The first case recognizing the bright-line trend for construing rules of civil procedure was Lynch v. United Distributors, Inc., 915 So. 2d 274 (Fla. 4th DCA 2005). In Lynch, this court reversed an order dismissing a case for lack of prosecution under Rule 1.420(e), finding that there was sufficient activity on the face of the record during the relevant time period (Lynch’s notice of compli…
  • A.L.J. v. State, 12 So. 3d 873 (Fla. 4th DCA 2009)
    …o the necessary closing of the restaurant for three hours, it lost $1200 in sales, $200 in food, $500 for workers’ compensation, and $250 in labor to clean up. The standard of review for a motion for judgment of dismissal is de novo. J.G. v. State, 915 So. 2d 274, 276 (Fla. 4th DCA 2005). A motion for judgment of dismissal tests the legal sufficiency of the state’s evidence. J.P. v. State, 855 So. 2d 1262, 1264 (Fla. 4th DCA 2003). Section 806.13(1), Florida Statutes (2007), provides: (l)(a) A person commi…

Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Full citator, related cases, and AI research tools

Open in FLexlaw