THE GREYHOUND CORPORATION, APPELLANT,
v.
PRUDENCIO ESTEVEZ AND JOSEPHINE ESTEVEZ, APPELLEES
Explore caselaw by topic → Browse Failure To Prosecute cases and more on FLexlaw
PER CURIAM.
Appellant/defendant takes this interlocutory appeal from an order of the trial court which denied its motion to dismiss the cause of action filed by appellees/plaintiffs for failure to prosecute. We reverse.
It affirmatively appears that no action was taken by the parties by the filing of pleadings, the entrance of court orders, or otherwise for a period of more than one year. In addition, as required by Fla.R. Civ.P. 1.420(e), no good cause in writing was submitted to the trial judge as to why the action should remain pending five days prior to the hearing on the motion.
Accordingly, the order appealed is reversed and the cause remanded with directions to dismiss the cause of action pursuant to the above cited rule. Shields v. Moore, 352 So. 2d 139 (Fla. 4th DCA 1977); Metropolitan Transit Authority v. Porter, 328 So. 2d 573 (Fla. 3d DCA 1976).
Reversed and remanded with directions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Bowl Am. Fla., Inc. v. Schmidt, 386 So. 2d 1203 (Fla. 5th DCA 1980)…Under Rule 4.2 of the now superseded Florida Rules of Appellate Procedure, numerous cases reached the District Courts of Appeal concerning the refusal of lower courts to dismiss cases for failure to prosecute. See Greyhound Corporation v. Estevez, 360 So. 2d 41 (Fla. 3d DCA. 1978); Lake Crescent Dev. Corp. v. Flowers, 355 So. 2d 867 (Fla. 1st DCA 1978). In 1968 Rule 4.2 of the Florida Appellate Rules was amended to expressly include among the appeala-ble interlocutory orders “orders granting or denying dis…
-
Sch. Bd. OF Seminole Cnty. v. GAF Corp., 413 So. 2d 1208 (Fla. 5th DCA 1982)…have jurisdiction to review them. Bowl America Fla., Inc. v. Schmidt, 386 So. 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 proble…
-
Southwinds Riding Acad. & Wynell Sebree v. Schneider, 507 So. 2d 782 (Fla. 3d DCA 1987)…ew of administrative action, not directly appealable to the supreme court or a circuit court. They may review interlocutory orders in such cases to the extent provided by rules adopted by the supreme court.” . See, e.g., Greyhound Corp. v. Estevez, 360 So. 2d 41 (Fla. 3d DCA 1978); Lake Crescent Development Corp. v. Flowers, 355 So. 2d 867 (Fla. 1st DCA 1978); Industrial Trucks of Florida, Inc. v. Gonzalez, 351 So. 2d 744 (Fla. 3d DCA 1977); Dade County v. Moreno, 227 So. 2d 548 (Fla. 3d DCA 1969). Although…
Authorities Cited
- Metro. Transit Auth. v. Porter, 328 So. 2d 573 (Fla. 3d DCA 1976)
- Shields v. Moore, 352 So. 2d 139 (Fla. 4th DCA 1977)