From Casetext: Smarter Legal Research

George Hunt v. Dorsey Young Const

District Court of Appeal of Florida, Fourth District
Feb 14, 1984
444 So. 2d 65 (Fla. Dist. Ct. App. 1984)

Opinion

No. 83-719.

January 11, 1984. Rehearing Denied February 14, 1984.

Appeal from the Circuit Court, Broward County, W. Herbert Moriarty, J.

Franklyn A. Johnson, Jr., of Smoot, Johnston, Johnson Green, Fort Myers, for appellant.

James L. Kershaw, Fort Lauderdale, for appellee.


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.


Summaries of

George Hunt v. Dorsey Young Const

District Court of Appeal of Florida, Fourth District
Feb 14, 1984
444 So. 2d 65 (Fla. Dist. Ct. App. 1984)
Case details for

George Hunt v. Dorsey Young Const

Case Details

Full title:GEORGE HUNT, INC., APPELLANT, v. DORSEY YOUNG CONSTRUCTION, INC., APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Feb 14, 1984

Citations

444 So. 2d 65 (Fla. Dist. Ct. App. 1984)

Citing Cases

Stern v. Home Depot

What plaintiff does argue is that once a plaintiff files a notice for trial, it is the trial court's…

Churruca v. Miami Jai-Alai, Inc.

We reverse the trial court's dismissal for lack of prosecution pursuant to Florida Rule of Civil Procedure…