DAN D. DRISCOLL, APPELLANT,
v.
DAVID A. SHARP, APPELLEE
DAN D. DRISCOLL, APPELLANT,
DAVID A. SHARP, APPELLEE
711 So. 2d 573
Florida District Court of Appeal, Second District (1997)
Positive Treatment
Cited by 1 case
Opinion of the Court
NORTHCUTT, Judge.
Dan Driscoll challenges the circuit court’s order dismissing his legal malpractice action for lack of prosecution. The order suggested that the court believed it lacked discretion in the matter. That is not so. Whether a party has shown good cause to avoid dismissal for lack of prosecution is a decision committed to the sound discretion of the court. See Edgecumbe v. American General Corp., 613 So. 2d 123 (Fla. 1st DCA 1993). Therefore, we reverse and remand for the circuit court to reconsider its decision in light of its discretion.
Reversed and remanded for further proceedings.
BLUE, A.C.J., and FICARROTTA, GASPER, J., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Casner, 825 So. 2d 993 (Fla. 2d DCA 2002)…express no preference for any of the discretionary remedies the court may choose to apply in this case. See Simpkins v. State, 784 So. 2d 1203, 1204 (Fla. 2d DCA 2001); Marchetta v. State, 766 So. 2d 1126, 1127 (Fla. 2d DCA 2000); Driscoll v. Sharp, 711 So. 2d 573 (Fla. 2d DCA 1997). WHATLEY and CASANUEVA, JJ., concur.…
Authorities Cited
- Edgecumbe v. Am. Gen. Corp., 613 So. 2d 123 (Fla. 1st DCA 1993)