AMERICAN WALL SYSTEMS, INC., APPELLANT,
v.
MADISON INTERNATIONAL GROUP, INC., ET AL., APPELLEE

Fla. 5th DCA | 2007-01-26
No. 5D03-2857
PLEUS, C.J., GRIFFIN and MONACO, JJ., concur.
946 So. 2d 1250 Florida District Court of Appeal, Fifth District (2007)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

The dismissal of a cause for failure to prosecute was erroneous, requiring reversal.


Facts & Procedural History

The case was remanded by the Supreme Court of Florida following the quashing of a prior decision. A subsequent Supreme Court ruling necessitated recon…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
PER CURIAM.

PER CURIAM.

This matter has been remanded to this court by the Supreme Court of Florida1 as a result of the quashing of the decision2 rendered previously in this case. Subsequent to the rendition of the decision by this court, the Supreme Court handed down Wilson v. Salamon, 923 So. 2d 363 (Fla.2005), and receded from Gulf Appliance Distributors, Inc. v. Long, 53 So. 2d 706 (Fla.1951), a decision expressly relied upon by this court in reaching its determination to affirm the trial court.

Upon reconsideration of this case at the direction of the Supreme Court, and in light of Wilson, we have concluded that the dismissal of this cause by the trial court for failure to prosecute was erroneous. We, therefore, reverse the final judgment, and remand for further proceedings.

REVERSED and REMANDED.

PLEUS, C.J., GRIFFIN and MONACO, JJ., concur. . See Am. Wall Sys., Inc. v. Madison Int'l Group, Inc., 944 So. 2d 172 (Fla.2006).

. See Am. Wall Sys., Inc. v. Madison Int’l Group, Inc., 898 So. 2d 111 (Fla. 5th DCA 2005).


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw