From Casetext: Smarter Legal Research

Greyhound Corp. v. Estevez

District Court of Appeal of Florida, Third District
Jul 14, 1978
360 So. 2d 41 (Fla. Dist. Ct. App. 1978)

Opinion

No. 77-2488.

June 13, 1978. Rehearing Denied July 14, 1978.

Appeal from the Circuit Court, Dade County, Sam I. Silver, J.

Preddy, Kutner Hardy and T.G. Anagnost, Miami, for appellant.

Duran, Cantera, Kalish, Schere Press, John R. Farrell and Norman Malinski, Miami, for appellees.

Before HENDRY and HUBBART, JJ., and CHARLES CARROLL (Ret.), Associate Judge.


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.


Summaries of

Greyhound Corp. v. Estevez

District Court of Appeal of Florida, Third District
Jul 14, 1978
360 So. 2d 41 (Fla. Dist. Ct. App. 1978)
Case details for

Greyhound Corp. v. Estevez

Case Details

Full title:THE GREYHOUND CORPORATION, APPELLANT, v. PRUDENCIO ESTEVEZ AND JOSEPHINE…

Court:District Court of Appeal of Florida, Third District

Date published: Jul 14, 1978

Citations

360 So. 2d 41 (Fla. Dist. Ct. App. 1978)

Citing Cases

Southwinds Riding Acd. v. Schneider

Accordingly, the appellees' motion to dismiss is granted, and the appeal is See, e.g., Greyhound Corp. v.…

School Board of Seminole County v. GAF Corp.

Because of our disposition of these appeals, we decline to consider the appellee's cross-claims which seek…