BRYAN THOMAS NIE AND ALLEN MIESCH-NIE, APPELLANTS,
v.
BEAUX GARDENS ASSOCIATES, LTD., ET AL., APPELLEES
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Florida appellate court reversed dismissal for lack of prosecution because plaintiffs filed notices for pretrial and case management conferences on the same day as the motion to dismiss, which constituted record activity precluding dismissal under Fla. R. Civ. P. 1.420(e).
Filing of notices for pretrial conference and case management conference on the date of the motion to dismiss constitutes record activity that precludes dismissal for lack of prosecution under Fla. R. Civ. P. 1.420(e).
[1] Filing of notices for pretrial conference and case management conference constitutes record activity precluding dismissal for lack of prosecution under Fla. …
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Join FLexlaw to unlock all legal intelligencePlaintiffs filed a negligence action arising from an August 1998 trip and fall accident on September 25, 2001, with an amended complaint adding defend…
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PER CURIAM.
Bryan Thomas Nie and Allen Miesch Nie, plaintiffs in this negligence action, appeal an order granting a motion to dismiss for lack of prosecution. Finding that there was record activity prior to the filing of the motion to dismiss, we reverse.
This lawsuit, arising from an August 14, 1998 trip and fall accident, was filed on September 25, 2001. On October 23, 2002, an amended complaint was filed adding appellees, Beaux Gardens Associates, Ltd. and Aimco Residential Group, LP., as defendants. Prior to March 9, 2005, the last record activity in the case was a request to produce propounded by the defendants to the plaintiffs on March 3, 2004. On March 9, 2005, the plaintiffs filed a notice for pretrial conference and notice for case management conference with a proposed stipulation for case management order. These documents-were docketed by the clerk of the court prior to the motion to dismiss for lack of prosecution filed that same day by Beaux Gardens and Aimco. Plaintiffs’ filing of the notices for pretrial conference and case management conference precludes dismissal under Fla. R. Civ. P. 1.420(e). See Wilson v. Salamon, 923 So. 2d 363 (Fla.2005). We, therefore, reverse the dismissal order and remand for reinstatement of the action.
Reversed and remanded.
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Weston TC LLLP v. CNDP Mktg. Inc., 66 So. 3d 370 (Fla. 4th DCA 2011)…2d 1166 (Fla. 4th DCA 2006) (a motion by an attorney to withdraw and the order granting the motion); Hunnewell v. Palm Beach Cnty., 925 So. 2d 468 (Fla. 4th DCA 2006) (an order denying a first motion to dismiss); Nie v. Beaux Gardens Assocs., Ltd., 923 So. 2d 1200 (Fla. 3d DCA 2006) (a notice for pretrial conference and a notice for case management conference with a proposed stipulation for case management order); Comm’l Union Ins. Co. v. Marine Sales & Servs., Inc., 923 So. 2d 535 (Fla. 4th DCA 2006) (a civi…
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Devender Reddy and Nagender Reddy v. Farkus, 933 So. 2d 595 (Fla. 5th DCA 2006)…ys filed their notice of cancellation on December 15, 2003, within the one year period. Since there was record activity within the previous one year, the motion was improvidently granted. See Wilson v. Salamon; Nie v. Beaux Gardens Associates, Ltd., 923 So. 2d 1200 (Fla. 3d DCA 2006); Commercial Union Ins. Co. v. Marine Sales & Services, Inc., 923 So. 2d 535 (Fla. 4th DCA 2006). We therefore must REVERSE and REMAND to the trial court for reinstatement of the action. GRIFFIN and PALMER, JJ., concur. . The Re…
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Miami-Dade Cnty. v. Javi Leo Maurice Walker, 948 So. 2d 68 (Fla. 3d DCA 2007)…resulted in an unworkable, subjective analysis and, therefore, adopted a “bright line” test: if there is any record activity within the previous year, the inquiry ends and the motion must be denied. Id,.; see also Nie v. Beaux Gardens Assocs., Ltd., 923 So. 2d 1200 (Fla. 3d DCA 2006)(holding that the filing of a notice for pretrial conference and a notice for a case management conference constituted record activity precluding dismissal under Florida Rule of Civil Procedure 1.420(e)); Reddy v. Farkus, 933 So. 2…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gloriann Wilson v. Eva J. Salamon, M.D., 923 So. 2d 363 (Fla. 2005)