METROPOLITAN TRANSIT AUTHORITY, A POLITICAL SUBDIVISION OF DADE COUNTY, FLORIDA, APPELLANT,
v.
RAQUEL PORTER, APPELLEE
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PER CURIAM.
This is an interlocutory appeal by the defendant, Metropolitan Transit Authority, from an order of the Circuit Court of Dade County denying appellant’s motion to dismiss plaintiff’s action for personal injuries which she had failed to prosecute for a period of more than one year in accordance with Rule 1.420(e) Florida Rules of Civil Procedure, 30 F.S.A. It affirmatively appears from the record that no action was taken by filing of pleadings, order of court or otherwise for a period of one year; that reasonable notice of the motion to dismiss was given to the plaintiff and no good cause was shown in writing why the action should remain pending.
It is contended by the appellant that the trial court erred in denying its motion to dismiss. We agree. Dade County v. Moreno, Fla.App.1969, 227 So. 2d 548. Therefore, the order appealed is reversed and the cause is remanded with directions to dismiss the cause pursuant to Rule 1.420 (e), Florida Rules of Civil Procedure.
Reversed and remanded.
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Overseas Dev., Inc. v. Amerifirst Fed. Sav. & Loan Ass'n, 433 So. 2d 587 (Fla. 3d DCA 1983)…el and an order entered thereon does not constitute affirmative case activity to preclude such a dismissal.3 ” “1 [footnote omitted] 2. Koppers Co. v. Victoire Development Corp., 284 So. 2d 193 (Fla.1973); Metropolitan Transit Authority v. Porter, 328 So. 2d 573 (Fla. 3d DCA 1976); Crouse-Hinds Co. v. Capellia, 302 So. 2d 800 (Fla. 4th DCA 1974); Karkeet v. Snyder, 275 So. 2d 302 (Fla. 3d DCA 1973); Shalabey v. Memorial Hospital of the South Broward Hospital District, 253 So. 2d 712, 715 (Fla. 4th DCA 1971)…
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Sch. Bd. OF Seminole Cnty. v. GAF Corp., 413 So. 2d 1208 (Fla. 5th DCA 1982)…o. 2d 1203 (Fla. 5th DCA 1980); Robertson v. Florida Rock and Truck Lines, Inc., 385 So. 2d 138 (Fla. 5th DCA 1980); Fla.R.App.P. 9.130(a)(3); see Greyhound Corp. v. Estevez, 360 So. 2d 41 (Fla.3d DCA 1978); Metropolitan Transit Authority v. Porter, 328 So. 2d 573 (Fla.3d DCA 1976). . For example: On April 5, 1973— Kelley wrote the School Board concerning the roof splitting at Teague: “This is not considered to be a serious problem and a satisfactory solution has been arrived at by those concerned. This a…
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Weitzel v. Hargrove, 543 So. 2d 392 (Fla. 3d DCA 1989)…entered in this case; the only issue in controversy is whether good cause was shown why this action should remain pending. Industrial Trucks of Fla., Inc. v. Gonzalez, 351 So. 2d 744, 746 (Fla. 3d DCA 1977); Metropolitan Transit Authority v. Porter, 328 So. 2d 573 (Fla. 3d DCA 1976); Karkeet v. Snyder, 275 So. 2d 302 (Fla. 3d DCA 1973). Second, the sole showing of good cause why this action should remain pending, notwithstanding the lack of record activity of [*393] over one year, was that counsel for both…
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- City OF Madeira Beach v. Hogan, 227 So. 2d 548 (Fla. 2d DCA 1969)