ALL STATE BUILDING MATERIALS, INC., A FLORIDA CORPORATION, APPELLANT,
v.
PEOPLES NATIONAL FUND, INC., A DELAWARE CORPORATION, ET AL., APPELLEES
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All State Building Materials appealed the dismissal of its action for failure to prosecute under Rule 1.420 and the denial of its petition to reinstate. The court affirmed the dismissal, finding that the plaintiff's counsel's domestic troubles and work with other clients did not constitute good cause for the one-year lapse in prosecution.
The trial court correctly determined that the reasons advanced do not constitute good cause for reinstating the action, and therefore the orders of dismissal and denial of reinstatement were properly entered.
“All actions in which it does not affirmatively appear from some action taken by filing of pleadings, order of court or otherwise that the same is being prosecuted for a period of one year shall be deemed abated for want of prosecution and shall be dismissed by the court on its own motion or on motion of any interested person, whether a party to the action or not, after notice to the parties; provided that actions so dismissed may be reinstated on motion for good cause”
The governing rule establishing the one-year requirement for prosecution and the good cause standard for reinstatement
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Plaintiff has appealed a final order dismissing its action for failure to prosecute as provided by Rule 1.420, R.C.P., 30 F. S.A.,1 and a final order denying its petition for reinstatement of the cause. The affidavits and other proofs submitted by appellant in opposition to appellee’s motion to dismiss and in support of its petition to reinstate sought to absolve appellant’s counsel for failing to take action in the prosecution of the case for a period of more than one year because of his involvement in a domestic controversy with his wife, and preoccupation in representing other clients.
It is our view that the trial court correctly found and determined that the reasons advanced by appellant do not constitute good cause for reinstating the action, so the orders appealed are accordingly affirmed.2
WIGGINTON, C. J., and CARROLL, DONALD K., and SPECTOR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Chrysler Leasing Corp. v. Passacantilli, 259 So. 2d 1 (Fla. 1972)…the preceding year, or good cause for his failure to prosecute. Sroczyk v. Fritz, 220 So. 2d 908 (Fla.1969); Barrentine v. Vulcan Materials Co., 216 So. 2d 57 (Fla.App. 1st, 1968); All State Building Materials, Inc., v. Peoples National Fund, Inc., 219 So. 2d 464 (Fla.App. 1st, 1969); Dade County v. Moreno, 227 So. 2d 548 (Fla.App. 3rd 1969). Turning to the issue presented, in our view neither the statute nor the rule contemplates that a party may show “prosecution” by filing a pleading after a motion to di…
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In re Adoption BY Billy S. Cooper and Ethel Cooper, 242 So. 2d 196 (Fla. 1st DCA 1970)
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Curry Corp. v. Greenfield, 235 So. 2d 49 (Fla. 3d DCA 1970)…v. Hartley’s Inc., Fla. App.1957, 97 So. 2d 211; Allen v. Gaither, Fla.App.1959, 112 So. 2d 855; Barrentine v. Vulcan Materials Company, Fla.App. 1968, 216 So. 2d 59; All State Building Materials, Inc., v. Peoples National Fund, Inc., Fla.App.1969, 219 So. 2d 464. Therefore, for the reasons above stated, the order of reinstatement here under review be and the same is hereby reversed, with directions to dismiss the complaint and the cause. Reversed and remanded, with directions.…
Authorities Cited
- Little v. Sullivan, 173 So. 2d 135 (Fla. 1965)
- Sudduth Realty Co. v. Wright, 55 So. 2d 189 (Fla. 1951)
- Lenore Miller v. Hartley's, Inc., 97 So. 2d 211 (Fla. 3d DCA 1957)
- Fort Walton Lumber & Supply Co. v. J. R. Parish, Jr., 142 So. 2d 346 (Fla. 1st DCA 1962)