ANN NICHOLSON, APPELLANT,
v.
ELI LILLY AND COMPANY, AN INDIANA CORPORATION, ET AL., APPELLEES

Fla. 3d DCA | 1973-10-30
No. 73-293
Before BARKDULL, C. J., and PEARSON and HAVERFIELD, JJ.
285 So. 2d 648 Florida District Court of Appeal, Third District (1973) Caution
Cited by 13 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant’s cause was dismissed with prejudice for lack of prosecution. The record supports a finding by the trial court that the cause was not only subject to dismissal under Rule 1.420(e), 30 F.S.A., but, under the special circumstances presented, was also subject to dismissal with prejudice pursuant to the inherent power of the trial court to eliminate causes from its docket which are not being prosecuted with due diligence. See Rule 1.420(e); Reddish v. Forlines, Fla.App.1968, 207 So. 2d 703.

Affirmed.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (12 total)

  • Harris v. Winn-Dixie Stores, Inc., 378 So. 2d 90 (Fla. 1st DCA 1979)
    …ute it with due diligence, such power was recognized in Reddish v. Forlines, supra. It was said its purpose was to prevent unnecessary harassment and delay in litigation. The power was also noticed in Nicholson v. Eli Lilly & Co., Fla. 3rd DCA 1973, 285 So. 2d 648. In Popkin v. Crispen, supra, it was observed that Rule 1.420(e) would not prevent a trial court from dismissing an action for lack of due diligence in prosecution, even though affirmative action has been taken within a period of one year prior to d…
  • Int'l Union OF Operating Eng'rs v. Lassitter, 295 So. 2d 634 (Fla. 4th DCA 1974)
    …ecause an agency relationship was prima facie established by the proofs. See also Forster v. Red Top Sedan Service, Inc., 257 So. 2d 95 (3d D.C.A. Fla.1972); Watkins v. Sims, 81 Fla. 730, 88 So. 764 (Fla.1921). Cf. Reina v. Metropolitan Dade County, 285 So. 2d 648 (3rd D.C.A.Fla.1973), where it was determined that the assault was clearly not in the performance of his master’s duties. Authority to support a finding of vicarious liability for tortious behavior is seen in Wackenhut Corporation v. Greene, 238 So…
  • Perez v. Zazo, 498 So. 2d 463 (Fla. 3d DCA 1986)
    …r of what Rodriguez “took personally” was related to his work — that he got made over something on his job— does not mean that his reaction was. Two decisions in particular support our conclusion to this effect. In Reina v. Metropolitan Dade County, 285 So. 2d 648 (Fla.3d DCA 1973), cert. discharged, 304 So. 2d 101 (Fla.1974), after a heated disagreement with the driver over a bus fare, the passenger alighted, reached the sidewalk and flashed an obscene gesture from there at the driver. The latter responded t…

Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw