Want Of Prosecution

78 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Licausi v. Airport Transp. Serv., Inc.
  252 So. 2d 835· Fla. 4th DCA· 1971-09-17 ·cited 6×
  Dismissal for want of prosecution was reversed because the plaintiff's filing of a deposition and request for admissions within one year prior to the motion constituted affirmative prosecution, making the motion premature under Rule 1.420(e), FRCP.
• MacNEIL Bros. Co. v. Forte
  253 F.2d 500· 1st Cir.· 1958-03-25 ·cited 6×
  The appeal is dismissed for want of prosecution due to repeated failures to comply with court rules and deadlines.
• Rayford J. Wright & Nat'l Sur. Corp. v. Lumbermen's Mut. Cas. Co.
  242 F.2d 1· 5th Cir.· 1957-02-27 ·cited 6×
  The court held that the district court erred in dismissing the action for want of prosecution based on Louisiana Civil Code Article 3519, as that article pertains to abandonment and does not bar a subsequent suit.
• Spann v. The Comm'rs OF the Dist. OF Columbia
  443 F.2d 715· D.C. Cir.· 1970-11-17 ·cited 5×
  The court held that the District Court's denial of the motion to reinstate the entire cause of action was improper without explanation, and the case should be reconsidered.
• AIR Control Prods., Inc. v. Perma-Stress, Inc.
  189 So. 2d 412· Fla. 1st DCA· 1966-08-18 ·cited 5×
  Air Control Products and a trustee appealed the denial of their motion to dismiss for want of prosecution in a long-pending property dispute. The court held that Florida's statute on dismissal for lack of prosecution (F.S. § 45.19) applies even when the United States is a party d
• United States v. Hudson
  545 F.2d 724· 10th Cir.· 1976-12-03 ·cited 4×
  A trial court cannot dismiss an indictment on its own motion based solely on the defendant's poor physical health.
• Hyman Green and Irving Green v. Bursten
  197 So. 2d 326· Fla. 2d DCA· 1967-04-05 ·cited 4×
  This interlocutory appeal addresses whether a motion for substitution of a trustee as party plaintiff constitutes action toward prosecution sufficient to defeat a motion to dismiss for want of prosecution under Florida law. The court held that such a motion does constitute prosec
• Reynolds v. Wabash R.R. Co.
  236 F.2d 387· 8th Cir.· 1956-09-14 ·cited 4×
  The court held that the trial court did not err in vacating an order that improperly added parties to destroy diversity jurisdiction and in dismissing the case for want of prosecution.
• Rainey v. Roesall Corp.
  71 So. 2d 160· Fla.· 1954-03-16 ·cited 4×
  Plaintiffs appealed a judgment dismissing their suit for want of prosecution when they were unable to proceed at trial due to an untaken deposition. The Florida Supreme Court affirmed the dismissal, holding that the trial judge properly denied the continuance motion and did not a
• Verdier v. The City of Tampa
  86 Fla. 341· Fla.· 1923-10-26 ·cited 4×
  Willie Verdier sought to set aside a tax sale of her Tampa property, alleging fraud and irregularity in the proceedings. The Florida Supreme Court reversed a dismissal of her equity suit, holding that the trial court erred by conducting a final hearing before the three-month peri
• Green v. Ziba King
  17 Fla. 452· Fla.· 1880-01-01 ·cited 4×
  This case involves a plaintiff appealing a dismissal for want of prosecution. The appellate court affirmed the dismissal, finding the plaintiff failed to demonstrate diligence in preparing for trial and that the materiality of absent witnesses was not sufficiently established.
• Hewitt v. Int'l Shoe Co.
  114 Fla. 743· Fla.· 1934-05-11 ·cited 3×
  This case addresses whether a trial court could vacate a default judgment and permit defendants to file pleas more than 120 days after the default was entered. The Florida Supreme Court held that once a motion to vacate a default is denied, the court lacks jurisdiction to reconsi
• Warner v. M.L. Winner
  450 So. 2d 878· Fla. 3d DCA· 1984-05-08 ·cited 2×
  Appellant filed suit on a promissory note in 1978 but failed to produce the original note at trial in 1980 and subsequently failed to locate it or advance the case for over three years. The trial court dismissed the action for failure to prosecute under Florida Rule 1.420(e), and
• Johnson v. Estelle
  625 F.2d 75· 5th Cir.· 1980-08-29 ·cited 2×
  Habeas corpus relief should be governed by substance over form, and the petitioner's actions indicated they considered the removal proceedings abandoned.
• Maude Collins v. Freeman
  333 So. 2d 513· Fla. 4th DCA· 1976-06-18 ·cited 2×
• Dunscombe v. Sayle
  181 F.2d 118· 5th Cir.· 1950-03-28 ·cited 2×
• Sharp v. Wenski
  S.D. Fla.· 2026-01-12
  The court affirmed and adopted the Magistrate Judge's Report and Recommendation, dismissing the plaintiff's complaint with prejudice.
• W. Coast Fiberglass Specialist LLC v. Krebs
  M.D. Fla.· 2021-04-09
  The court adopted the Magistrate Judge's Report and Recommendation, dismissing the plaintiff's complaint for want of prosecution and ordering the release of the vessel.
• The Est. of Gregorio Sanchez Valdez v. C.A. No. N17C-09-299 ALR BNSF Ry. Co.
  Del. Super. Ct.· 2020-12-15
  The trial court denied the defendant railway company's motion for summary judgment, finding a genuine issue of material fact regarding when the plaintiff's FELA claim accrued under the discovery rule. The court also denied motions to exclude or limit the plaintiff's expert witnes
• Orsonio v. Fuller
  857 So. 2d 973· Fla. 3d DCA· 2003-10-29
  A legal malpractice plaintiff appeals the trial court's dismissal of his complaint for want of prosecution. The court affirmed the dismissal, holding that a predecessor attorney's suspension from the Bar for failure to maintain CLE credits does not constitute good cause to excuse
• Diamond Club v. Ins. Co. OF N. Am.
  984 F.2d 746· 6th Cir.· 1993-01-28
  The dissenting judge would dismiss the appeal for plaintiffs' failure to prosecute.
• Woodall v. The Drake Hotel, Inc.
  913 F.2d 447· 7th Cir.· 1990-09-19
  The court held that the district court abused its discretion by allowing class counsel to withdraw without a valid reason and by dismissing the appellants' claims for want of prosecution without providing them adequate guidance. The court also held that the dismissal of the class
• Pollitt v. Gen. Motors Corp.
  894 F.2d 858· 6th Cir.· 1990-01-31
  The court affirmed the dismissal of the cases without prejudice for want of prosecution, finding the conditions for refiling to be reasonable and not an abuse of discretion.
• Haywood Emmanuel Penny v. Shansky
  884 F.2d 329· 7th Cir.· 1989-09-13
  The court held that the magistrate erred in dismissing the prisoner's suit for failure to appear at a hearing without prior warning or request from the defendant.
• Seaboard Sur. Co. v. The Honorable R. Dorsey Watkins
  490 F.2d 1268· 4th Cir.· 1973-11-09
  The court denied the writ of mandamus regarding dismissal for want of prosecution but ordered specific actions to expedite the long-delayed patent litigation, including excluding a belated infringement claim.
• City OF Miami v. Young
  141 So. 2d 285· Fla. 3d DCA· 1962-05-22
  The City of Miami appealed a trial court's dismissal of its personal injury complaint for want of prosecution under Florida Statute § 45.19. The appellate court reversed, holding that the plaintiff's act of noticing a pending motion for hearing constituted sufficient affirmative
• Pearce v. Serralles Everglades Farms, Inc.
  1 Fla. Supp. 64· Dade Cty. Civ. Ct. Rec.· 1951-12-20
  Pearce sued Serralles Everglades Farms for automobile damage; the defendant counterclaimed. A default judgment was entered against the plaintiff on the counterclaim after dismissal for want of prosecution. The court vacated the default and judgment, holding the clerk lacked autho