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Farrar v. Dance

District Court of Appeal of Florida, Second District
Jun 14, 1995
655 So. 2d 1322 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-02935.

June 14, 1995.

Appeal from the Circuit Court, Lee County, R. Wallace Pack, J.

Marsha L. Lyons of Lyons Farrar, P.A., Coral Gables, for appellant.

Michael B. McIver of Aloia, Dudley, Roosa, Sutton, McIver Burandt, Cape Coral, for appellee.


The appellant seeks reversal of an order dismissing his action against the appellee for lack of record activity, where there were other defendants in the case and there had been record activity with regard to them. The appellant argues that the dismissal of his action as to the appellee was error.

The appellant is correct and we reverse. Last year, this court held that where there has been record activity directed toward disposition of the cause as to other defendants in the cause within the requisite one-year period, the remaining defendant may not be dismissed from the cause for failure to prosecute the action against that defendant individually. Simmons v. Dakal Dev. Corp., 632 So.2d 717 (Fla. 2d DCA 1994).

Based on the foregoing, we reverse the order of the trial court dismissing the complaint as against the appellee, and we remand for further proceedings.

PARKER and WHATLEY, JJ., concur.


Summaries of

Farrar v. Dance

District Court of Appeal of Florida, Second District
Jun 14, 1995
655 So. 2d 1322 (Fla. Dist. Ct. App. 1995)
Case details for

Farrar v. Dance

Case Details

Full title:CHARLES O. FARRAR, AS RECEIVER FOR ELLIOTT MORTGAGE COMPANY, INC., A…

Court:District Court of Appeal of Florida, Second District

Date published: Jun 14, 1995

Citations

655 So. 2d 1322 (Fla. Dist. Ct. App. 1995)