MUSSELMAN STEEL FABRICATORS, INC., A FLORIDA CORPORATION, APPELLANT,
v.
KATHLEEN MAE RADZIWON, INDIVIDUALLY, AND AS WIDOW OF FRANK RADZIWON, DECEASED AND FRANK J. ROONEY, INC., A FLORIDA CORPORATION, APPELLEE
By interlocutory appeal we are asked to review an order of the trial court denying defendant’s motion to dismiss for failure to prosecute.
The record discloses that within a one-year period immediately prior to the filing of the motion to dismiss the court reporter filed with the clerk the depositions of certain witnesses. Although the depositions had been taken by the defendants at a time more than one year prior to the filing of their motion, we hold that the filing of the depositions constitutes sufficient affirmative showing of prosecution of the action to justify denial of a motion to dismiss filed under Rule 1.420(e) R.C.P., 30 F.S.A. Cf. Fund Insurance Companies v. Preskitt, Fla.App.1970, 231 So.2d 866; Cypress Corporation of Florida v. Smith, Fla.App.1969, 218 So.2d 481; Rosenfeld v. Glickstein, Fla. App.1967, 200 So.2d 242; Owens v. Ken’s Paint and Body Shop, Fla.App.1967, 196 So.2d 17; and Eastern Elevator, Inc. v. Page et al., Fourth District Court of Appeal, 250 So.2d 326, opinion filed June 18, 1971.
Affirmed.
WALDEN, OWEN and MAGER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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E. Elevator, Inc. v. Page, 263 So. 2d 218 (Fla. 1972)…ior decisions of this Court in Gulf Appliance Distributors, Inc. v. Long, 53 So. 2d 706 (Fla.1951), and Sroczyk v. Fritz, 220 So. 2d 908 (Fla.1969), as were asserted in Musselman Steel Fabricators, Inc. v. Radziwon, the other Fourth District case at 250 So. 2d 327 (Fla.App. 4th 1971), cert. dischg. with opinion this day, 263 So. 2d 218 (Fla.1972), involving construction of the same Rule 1.420(e), 30 F.S.A.1 Fla.Const. art. V, § 4(2), F.S.A. The respondent (plaintiff in the trial court) filed suit against pet…
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Musselman Steel Fabricators, Inc. v. Radziwon, 263 So. 2d 221 (Fla. 1972)…DEKLE, Justice. Petition for writ of certiorari brings for review a “failure to prosecute” decision of the Fourth District Court of Appeal at 250 So. 2d 327 (1971). We tentatively accepted jurisdiction upon the basis of apparent conflict with prior decisions of this Court in Gulf Appliance Distributors, Inc. v. Long, 53 So. 2d 706 (Fla.1971), and Sroczyk v. Fritz, 220 So. 2d 908 (Fla.1969). Fla.Const. a…
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E. Elevator, Inc. v. Page, 250 So. 2d 326 (Fla. 4th DCA 1971)…Smith, Fla.App.1969, 218 So. 2d 481; Rosenfeld v. Glickstein, Fla.App.1967, 200 So. 2d 242; Owens v. Ken’s Paint and Body Shop, Fla.App.1967, 196 So. 2d 17; and, Musselman Steel Fabricators, Inc. v. Radziwon et al., Fourth District Court of Appeal, 250 So. 2d 327. Certiorari denied. WALDEN, OWEN and MAGER, JJ., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Owens v. Ken's Paint AND Body Shop, 196 So. 2d 17 (Fla. 3d DCA 1967)
- Carthel James Rushing v. State, 218 So. 2d 481 (Fla. 3d DCA 1969)
- Rosenfeld v. Glickstein, 200 So. 2d 242 (Fla. 1st DCA 1967)
- Fund Ins. Cos. v. Sid Preskitt, 231 So. 2d 866 (Fla. 4th DCA 1970)
- E. Elevator, Inc. v. Page, 250 So. 2d 326 (Fla. 4th DCA 1971)