LINGO CONSTRUCTION, APPELLANT,
v.
PRITTS INCORPORATED, APPELLEE
LINGO CONSTRUCTION, APPELLANT,
PRITTS INCORPORATED, APPELLEE
990 So. 2d 705
Florida District Court of Appeal, Fourth District (2008)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We reverse an order dismissing for failure to prosecute. On the fifty-ninth day after a notice of lack of prosecution was issued by the clerk, plaintiff filed a motion to set a date for arbitration. The parties had previously agreed to submit the case to binding arbitration. Because plaintiff filed the motion to set arbitration within the sixty day period provided by rule 1.420(e), the court should have denied the motion to dismiss. Edwards v. City of St. Petersburg, 961 So. 2d 1048 (Fla. 2d DCA 2007). Reversed.
KLEIN, HAZOURI and DAMOORGIAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Weston TC LLLP v. CNDP Mktg. Inc., 66 So. 3d 370 (Fla. 4th DCA 2011)…k of prosecution,” but not specifying what kind of filing); Edwards v. City of St. Petersburg, 961 So. 2d 1048 (Fla. 2d DCA 2007) (“a motion for hearing and for witness attendance”). This court followed Edwards in Lingo Construction v. Pritts Inc., 990 So. 2d 705 (Fla. 4th DCA 2008); we held that a motion to set a date for arbitration, filed on the fifty-ninth day after a notice of lack of prosecution was issued, was sufficient to avoid dismissal under Rule 1.420(e). To avoid reversal, the defendants rely h…
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Robinson v. Marek, 255 So. 3d 420 (Fla. 2d DCA 2018)
Authorities Cited
- Zachery v. State, 961 So. 2d 1048 (Fla. 2d DCA 2007)
- Nolan Nathaniel Edwards v. City OF ST. Petersburg, 961 So. 2d 1048 (Fla. 2d DCA 2007)