CLAUDE W. WELLS, APPELLANT,
v.
CARL E. VAN ARNAM, M.D., AND AETNA CASUALTY AND SURETY COMPANY A/K/A AETNA LIFE AND CASUALTY COMPANY, A CONNECTICUT CORPORATION, APPELLEES
Affirmed. The “action” contemplated by Florida Rule of Civil Procedure 1.420(e), 30 F.S.A., in prosecuting a case of necessity involves actions which result in contact by one party with the opposing party or the court. A party cannot for a year involve himself solely in the preparation of a case, never initiate any action with the opposing party and then argue that the case should not be dismissed as he, without the participation of the opposing counsel or the court, has been contacting witnesses, researching the case or planning trial strategy. See Adams Engineering Company v. Construction Products Corporation, 156 So.2d 497 (Fla.1963); Eastern Elevator, Inc. v. Page, 263 So.2d 218 (Fla.1972); and Musselman Steel Fabricators, Inc. v. Radziwon, 263 So.2d 221 (Fla.1972).
RAWLS, Acting C. J., JOHNSON, J., and NESBITT, JOSEPH, Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Bakewell v. Shepard, 310 So. 2d 765 (Fla. 2d DCA 1975)…70, 241 So. 2d 436; Musselman Steel Fabricators, Inc. v. Radziwon, Fla.1972, 263 So. 2d 221, such “action” of necessity involves actions which result in contact by one party with the opposing party or the court. Wells v. Van Arnam, Fla.App.1st 1973, 271 So. 2d 186; Castle v. Struhl, Fla.App.3rd 1974, 293 So. 2d 798. The nonrecord activity in the instant case between appellee’s counsel and a third party does not constitute sufficient “action” contemplated by RCP 1.420(e). Neither does the misunderstanding betw…
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Leverenz v. Schmieder, 294 So. 2d 690 (Fla. 3d DCA 1974)…1972, 263 So. 2d 221 and cases cited therein. The “action” contemplated thereunder in prosecuting a case of necessity involved actions which result in contact by one party with the opposing party or the court. Wells v. Van Arnam, M.D., Fla.App.1973, 271 So. 2d 186. The record in the case sub judice contains the affidavit of Charles Green who states therein that he was employed as an attorney by the Law Offices of J. Leon Coleman and was responsible for the defense of this lawsuit and that during the one year…
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Eddings v. Davidson, 302 So. 2d 155 (Fla. 1st DCA 1974)…972, 263 So. 2d 221 and cases cited therein. The ‘action’ contemplated thereunder in prosecuting a 'Case of necessity involved actions which result in contact by one party with the opposing party or the court. Wells v. Van Arnam, M.D., Fla.App.1973, 271 So. 2d 186. The record in the case sub judice contains the affidavit of Charles Green who states therein that he was employed as an attorney by the Law Offices of J. Leon Coleman and was responsible for the defense of this lawsuit and that during the one year…
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- E. Elevator, Inc. v. Page, 263 So. 2d 218 (Fla. 1972)
- Adams Eng'g Co., Inc. v. Constr. Prods. Corp., 156 So. 2d 497 (Fla. 1963)
- Musselman Steel Fabricators, Inc. v. Radziwon, 263 So. 2d 221 (Fla. 1972)