ALBERT F. PASSACANTILLI, JR., ET AL., APPELLANTS,
v.
CHRYSLER LEASING CORPORATION, ET AL., APPELLEES
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.
Florida appellate court reversed dismissal for lack of prosecution where plaintiff's counsel filed an affidavit offering immediate trial, constituting a pleading that negated the trial court's finding of inaction.
A plaintiff's affidavit offering immediate trial constitutes a pleading in the cause that prevents dismissal for lack of prosecution under RCP 1.420(e).
[1] An affidavit tendering immediate trial, though not technically complying with a prior continuance order, constitutes a pleading in the cause sufficient to prevent dismiss…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligencePlaintiffs sued Chrysler Leasing Corporation. One plaintiff suffered a severe heart attack and stroke, causing trial continuance. Counsel later filed …
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.
Explore caselaw by topic → Browse Lack Of Prosecution cases and more on FLexlaw
This appeal by the plaintiffs is from an order of the trial judge which upon his own motion dismissed the cause for lack of prosecution pursuant to RCP 1.420(e), 30 F.S.A. It appears that the trial judge was mistaken in his finding that, “ * * * it appearing that no action, by any party to the cause, has been taken by the filing of pleadings, Order of Court, or otherwise, in this case for a period of more than one year prior to the date of this order. * * therefore, we reverse.
An examination of the record reveals that in a response to the trial judge’s re-notice of the hearing on the court’s motion for order of dismissal, attorney for the plaintiff-appellant filed an affidavit in which he set forth that one of the plaintiffs had suffered a severe heart attack and stroke but that all of the plaintiffs were now ready to proceed to trial at any time the court would set the trial. Although this tender of trial did not technically comply with the court’s last order continuing trial because of the illness of this same plaintiff, it nevertheless amounted to an offer of immediate trial and as such was a pleading in the cause.
Therefore, it appearing that the trial court based its dismissal upon a mistaken finding as to the posture of the cause before it, the order appealed is reversed and the cause remanded for an order setting the cause for trial as expeditiously as can be done.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Chrysler Leasing Corp. v. Passacantilli, 259 So. 2d 1 (Fla. 1972)…McCAIN, Justice. We are concerned in this case with an application of Rule 1.420(e), RCP 30 F.S.A., (dismissal for lack of prosecution)1 by the District Court of Appeal, Third District, opinion reported at 249 So. 2d 518, which is alleged to conflict with Leithauser v. Harrison, 206 So. 2d 222 (Fla.App. 4th, 1968), Davant v. Coachman Properties, Inc., 118 So. 2d 844 (Fla.App. 2d, 1960), and Newman v. Bennefeld, 193 So. 2d 482 (Fla.App. 2d, 1967). We have jurisdictio…
-
Passacantilli v. Chrysler Leasing Corp., 260 So. 2d 533 (Fla. 3d DCA 1972)…opinion and judgment of the Supreme Court of Florida filed in this cause on February 9, 1972 (259 So. 2d 1), the mandate of this court heretofore issued on June 18, 1971 is withdrawn, the prior opinion and judgment of this court filed June 1, 1971 (249 So. 2d 518) is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court, and the order of dismissal of the Circuit Court of Dade County, Florida, appealed from herein is reversed with instru…