GEORGE HUNT, INC., APPELLANT,
v.
DORSEY YOUNG CONSTRUCTION, INC., APPELLEE
HERSEY, Judge.
We affirm as to appellant’s first point on appeal relying on the rule that once a plaintiff files a motion to set a cause for trial (which is essentially a notice for trial) the cause cannot be dismissed for failure to prosecute even where there is no record activity during the ensuing year. Fox v. Playa Del Sol Assoc., Inc., 446 So. 2d 126 (Fla. 4th DCA, 1983). In doing so we note an express and direct conflict with Palatka Housing Authority v. Betts, 349 So. 2d 784 (Fla. 1st DCA 1977) [adhering to Allen v. Gaither, 112 So. 2d 855 (Fla. 1st DCA 1959), decided prior to the adoption of Rule 1.440(c), Florida Rules of Civil Procedure]. Appellant’s additional points being likewise without merit we affirm.
AFFIRMED.
LETTS and BERANEK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Churruca v. Miami Jai-Alai, Inc., 454 So. 2d 37 (Fla. 3d DCA 1984)…for trial at the earliest convenience of the trial court. Plaintiffs’ motion for trial, advising the court that the case was at issue and ready to be tried, was equivalent to a notice for trial. George Hunt, Inc. v. Dorsey Young Construction, Inc., 444 So. 2d 65 (Fla. 4th DCA 1984). The filing of a notice for trial bars the trial court from dismissing for lack of prosecution. Mikos v. Sarasota Cattle Co., 453 So. 2d 402 (Fla.1984).* By filing a notice for trial, plaintiffs have vouched for their ability to…
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Stern v. The Home Depot, 647 So. 2d 913 (Fla. 4th DCA 1994)…l, it is the trial court’s responsibility to set the case for trial and, although there may be no record activity during the next year, the case cannot be dismissed for lack of prosecution. See, e.g., George Hunt, Inc. v. Dorsey Young Constr., Inc., 444 So. 2d 65, 66 (Fla. 4th DCA 1984). As defendant points out, however, if plaintiff notices the case for trial and subsequently obtains a continuance, which is what occurred here, that notice for trial will not preclude dismissal. Fishe & Kleeman, Inc. v. Aquar…
Authorities Cited
- Wilburn Combs v. Atl. Coast Line R.R. Co., 112 So. 2d 855 (Fla. 1st DCA 1959)
- Allen v. Gaither, 112 So. 2d 855 (Fla. 1st DCA 1959)
- Palatka Hous. Auth. v. Queen Betts, 349 So. 2d 784 (Fla. 1st DCA 1977)
- T.M.R. v. State, 446 So. 2d 126 (Fla. 2d DCA 1983)