JOSEPH FLACK AND GRACE FLACK, A/K/A GRACE KLEIN, INDIVIDUALLY AND AS STOCKHOLDERS OF AND FOR THE USE AND BENEFIT OF KLEIN & CHRESTENSEN REPORTING SERVICE, INC., A FLORIDA CORPORATION, APPELLANTS,
v.
GENEVA KUHN AND JOLEEN CHRESTENSEN, D/B/A JOLEEN CHRESTENSEN & ASSOCIATES, APPELLEES
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Appellants-plaintiffs, Joseph Flack and Grace Flack, appeal a final order in favor of appellees-defendants, Geneva Kuhn and Joleen Chrestensen, dismissing appellants’ complaint for want of prosecution. We reverse.
The record discloses that within a one-year period immediately prior to the filing of the motion to dismiss, the appellants filed a notice of taking deposition, as well as a notice of appearance of counsel. The filing of the notice of taking deposition constitutes an affirmative showing of prosecution of the action within the meaning of Fla.R.Civ.P. 1.420(e), 30 F.S.A. Rosenfeld v. Glickstein, 200 So.2d 242 (Fla.App.1967); Owens v. Ken’s Paint and Body Shop, 196 So.2d 17 (Fla.App.1967); see also Licausi v. Airport Transportation Service, Inc., 252 So.2d 835 (Fla.App.1971) ; Musselman Steel Fabricators, Inc. v. Radziwon, 250 So.2d 327 (Fla.App.1971).
Accordingly, the order dismissing the cause of action for want of prosecution is reversed and the cause remanded for further proceedings consistent with the views herein expressed.
Reversed and remanded.
WALDEN, CROSS and MAGER, JJ., concur.
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Barnes v. Dr. Patricia Ross & the Ladies Ctr. of S. Fla., Inc., 386 So. 2d 812 (Fla. 3d DCA 1980)…l court’s ruling that it does not. In light of the fact that a single record act is sufficient to defeat a motion to dismiss for lack of prosecution, it is clear that almost total inactivity is countenanced under the rule. See, e. g., Flack v. Kuhn, 277 So. 2d 593 (Fla. 4th DCA 1973); Waldman v. Frankel, 343 So. 2d 1325 (Fla. 3d DCA 1977); Hahn v. First National Bank of Delray Beach, 345 So. 2d 345 (Fla. 4th DCA 1977). There appears to us no sound reason why the liberality a court accords to good cause should…
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Hahn v. First Nat'l Bank OF Delray Beach, 345 So. 2d 345 (Fla. 4th DCA 1977)…n some detail in Judge Cobb’s dissenting opinion. But the action was not dismissible under Fla.R.Civ.P. 1.420(e) because appellant propounded interrogatories immediately before appellee filed its motion to dismiss for non-prosecution. Flack v. Kuhn, 277 So. 2d 593 (Fla. 4th DCA 1973); City of Jacksonville v. Hinson, 202 So. 2d 806 (Fla. 1st DCA 1967). Appellee urges that the case was nevertheless properly dismissed in the trial court’s inherent power. We hold this case does not fall in the narrow class of cas…
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O'Neal v. Midgette, 356 So. 2d 1261 (Fla. 2d DCA 1978)…rsed. BOARDMAN, C. J., and DANAHY, J., concur. . Record activity of less consequence than this has been held sufficient to prevent dismissal under Fla.R.Civ.P. 1.420(e). See Eastern Elevator, Inc. v. Page, 263 So. 2d 218 (Fla.1972); Flack v. Kuhn, 277 So. 2d 593 (Fla. 4th DCA 1973); Licausi v. Airport Transportation Service, Inc., 252 So. 2d 835 (Fla. 4th DCA 1971). . See American Employers Insurance Co. v. J. H. Atkins & Associates, Inc., 332 So. 2d 348 (Fla. 4th DCA 1976), in which an answer and counterc…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Owens v. Ken's Paint AND Body Shop, 196 So. 2d 17 (Fla. 3d DCA 1967)
- Rosenfeld v. Glickstein, 200 So. 2d 242 (Fla. 1st DCA 1967)
- Musselman Steel Fabricators, Inc. v. Radziwon, 250 So. 2d 327 (Fla. 4th DCA 1971)
- Licausi v. Airport Transp. Serv., Inc., 252 So. 2d 835 (Fla. 4th DCA 1971)