JULIAN GONZALEZ, APPELLANT,
v.
RYDER SYSTEMS, INC., ETC., AND CORAL GROVE APARTMENTS, INC., A FLORIDA CORPORATION, APPELLEES
PER CURIAM.
The plaintiff Gonzalez appeals an order dismissing his complaint as to one of the defendants, Coral Grove Apartments, Inc. The order recites as the ground for the dismissal the court’s conclusion that plaintiff’s failure to deliver process for service upon Coral Grove Apartments, Inc., until fourteen months after filing of the complaint was insufficient as a matter of law, as was the service of process finally procured. Nothing in this record refutes the trial judge’s conclusion, the factual basis of which is supported by the record. We, therefore, conclude that the dismissal was proper under the trial court’s inherent power to dismiss a cause which is not being prosecuted with reasonable diligence. See Maloy v. Bristow, Fla.App.1962, 138 So. 2d 801.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
-
Waltraud Mary Sexsmith Clark and Richard J. Clark v. The Boeing Co., 395 So. 2d 1226 (Fla. 3d DCA 1981)…a duty owed them. Appellees had no duty to warn users of obvious dangers. Brown v. General Motors Corp., 355 F. 2d 814 (4th Cir.1966), cert. [*1229] denied, 386 U.S. 1036, 87 S.Ct. 1474, 18 L.Ed.2d 600 (1967); Wickham v. Baltimore Copper Paint Co., 327 So. 2d 826 (Fla.3d DCA), cert. denied, 339 So. 2d 1173 (Fla. 1976); Reyes v. Zbin, 217 So. 2d 150 (Fla.3d DCA), appeals dismissed without opinion, 225 So. 2d 530 (1969); May v. Allied Chlorine & Chemical Products, Inc., 168 So. 2d 784 (Fla.3d DCA 1964). Mrs. C…
-
Sandor Szabo and Joan Szabo v. Essex Chem. Corp., 461 So. 2d 128 (Fla. 3d DCA 1984)…ther a fixed time or requirement of due diligence, are contained in our rules. We are not unmindful, however, of the court’s inherent power to dismiss a cause which is not being prosecuted with reasonable diligence, Gonzalez v. Ryder Systems, Inc., 327 So. 2d 826 (Fla. 3d DCA 1976); Maloy v. Bristow, 138 So. 2d 801 (Fla. 3d DCA), cert. denied, 146 So. 2d 381 (Fla.1962), cert. denied, 372 U.S. 976, 83 S.Ct. 1111, 10 L.Ed.2d 142 (1963), or, on its own motion or by motion of an interested party, to dismiss a ca…
-
Mathis v. Nat'l Labs., 355 So. 2d 117 (Fla. 3d DCA 1978)…y Playtex against National Laboratories for indemnity and/or contribution, and extensive discovery taken, National Laboratories moved for summary judgment, relying, in great part, on this court’s opinion in Wickham v. Baltimore Copper Paint Company, 327 So. 2d 826 (Fla. 3d DCA 1976). Summary final judgment was entered by the trial court in favor of National Laboratories and against Mathis. From that judgment, both Mathis and Playtex have appealed. After carefully reviewing the record, briefs and arguments of…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Maloy v. Bristow, 138 So. 2d 801 (Fla. 3d DCA 1962)