EDITH R. PEREZ ET AL., APPELLANTS,
v.
RAN M. COHEN ET AL., APPELLEES
Explore caselaw by topic → Browse Florida Rule Of Civil Procedure 1.420(E) (Dismissal For Lack Of Prosecution) cases and more on FLexlaw
KEHOE, Judge.
Appellants, plaintiffs below, bring these consolidated appeals from orders dismissing their complaints for failure to prosecute and orders denying their motions to set aside the orders of default. We affirm.
It is undisputed by the parties that there was no record activity in the respective causes for a one year period. However, appellants contend that, pursuant to Florida Rule Civil Procedure 1.420(e), there was action “otherwise” in the causes, by their participating in another appeal related to these causes, which precluded the trial court from properly dismissing their complaints for failure to prosecute. We hold, as the trial court found, that this other activity was insufficient to avoid the imposition of the sanctions order by the trial court. Fla.R.Civ.P. 1.420(e). Accordingly, the orders appealed are affirmed.
Affirmed.
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Maler v. Baptist Hosp. OF Miami, Inc., 532 So. 2d 79 (Fla. 3d DCA 1988)…Ins. Guar. Ass’n, 378 So. 2d 301, 302 (Fla. 3d DCA 1979); cf. Funke v. Lopez, 432 So. 2d 787, 788 (Fla. 3d DCA 1983) (non-record activity in a separate lawsuit against different (not same, as here) party not “sufficient good cause”); Perez v. Cohen, 362 So. 2d 985 (Fla. 3d DCA 1978) (participation in appeal of a related, though not identical, cause insufficient to prevent dismissal under Rule 1.420(e)); Brinholz v. Steisel, 338 So. 2d 862 (Fla. 3d DCA 1976) (where plaintiff filed identical lawsuit to one pend…
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Funke v. Lopez, 432 So. 2d 787 (Fla. 3d DCA 1983)…else is not sufficient good cause, absent a showing of a compelling reason, to avoid dismissal. See Tosar v. Sladek, 393 So. 2d 61 (Fla. 3d DCA 1981); American Eastern Corp. v. Henry Blanton, Inc., 382 So. 2d 863 (Fla. 2d DCA 1980); Perez v. Cohen, 362 So. 2d 985 (Fla. 3d DCA), cert. denied, 365 So. 2d 710 (Fla.1978); cert. denied, 368 So. 2d 1372 (Fla.1979). We hold that the trial court was correct in dismissing the action pursuant to Florida Rule of Civil Procedure 1.420(e). Accordingly, the order appeal…
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Palokonis v. EGR Enters., Inc., 652 So. 2d 482 (Fla. 5th DCA 1995)…quires some contact with the opposing party and some form of excusable conduct or occurrence which arose other than through negligence or inattention to the pleading deadline. Freeman v. Toney, 608 So. 2d 863 (Fla. 4th DCA 1992). In Perez v. Cohen, 362 So. 2d 985 (Fla. 3d DCA), cert. denied, 365 So. 2d 710 (Fla.1978), the court stated that participation in an appeal of a related case does not constitute good cause and cannot be used to avoid a dismissal for failure to prosecute. In Funke v. Lopez, 432 So. 2d…
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