MAUDE COLLINS, APPELLANT,
v.
RALPH FREEMAN D/B/A FREEMAN TRUCKING CO., AND WILSON FRANKLIN CONNER, APPELLEES

Fla. 4th DCA | 1976-06-18
No. 75-1509
WALDEN, . C. J., and CROSS and MAGER, JJ., concur.
333 So. 2d 513 Florida District Court of Appeal, Fourth District (1976) Positive Treatment
Cited by 2 cases
Topics
Want Of Prosecution Abuse Of Discretion

Explore caselaw by topic → Browse Want Of Prosecution cases and more on FLexlaw

Opinion of the Court
PER CURIAM.

[*514] PER CURIAM.

Appellant-plaintiff, Maude Collins, appeals a final order of the trial court dismissing plaintiff’s case for want of prosecution.

Upon review of the record on appeal and after consideration of the briefs submitted by counsel for the respective parties, we conclude that actions taken by the plaintiff herein constituted sufficient diligence in the prosecution of her case as to preclude dismissal thereof by the trial court. Popkin v. Crispen, 213 So. 2d 445 (Fla.App. 1968). The trial court, therefore, abused its discretion in dismissing plaintiff’s case for want of prosecution.

Accordingly, the final order of dismissal is reversed and the cause is remanded for further proceedings consistent with the views herein expressed.

WALDEN, . C. J., and CROSS and MAGER, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Monsanto Co. v. Fla. Dep't OF Labor & Emp. Sec., 371 So. 2d 594 (Fla. 1st DCA 1979)
    …urt determined that an employee, terminated due to economic conditions following an employer-approved maternity leave, had not voluntarily left her employment without good cause attributable to her employer. Accord, Fisher v. Department of Commerce, 333 So. 2d 513 (Fla. 4th DCA 1976); Swavely v. Industrial Relations Commission, 345 So. 2d 399 (Fla. 3d DCA 1977). In none of the aforementioned cases did the court hold that an employee was entitled to unemployment benefits during the time she was on maternity le…
  • Swavely v. Indus. Relations Comm'n, 345 So. 2d 399 (Fla. 3d DCA 1977)
    …es (1975). This precise question has already been considered and answered in the negative in Robinson v. Industrial Relations Commission, 329 So. 2d 401 (Fla. 4th DCA 1976) and Fisher v. State of Fla. Dept. of Commerce, Div. of Employment Security, 333 So. 2d 513 (Fla. 4th DCA 1976). We find the holdings in these two cases are controlling and, therefore, grant the petition for writ of certiorari, quash the order under review and remand with directions to grant petitioner unemployment compensation benefits.…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw