Balbin v. Wayne

District Court of Appeal of Florida

Balbin v. Wayne

730 So. 2d 845, 1999 Fla. App. LEXIS 5110, 1999 WL 228605

CourtDistrict Court of Appeal of Florida

DecidedApril 21, 1999

DocketNo. 98-387

StatusPublished

This text of 730 So. 2d 845 (Balbin v. Wayne) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Balbin v. Wayne, 730 So. 2d 845, 1999 Fla. App. LEXIS 5110, 1999 WL 228605 (Fla. Ct. App. 1999).

Pincite

Opinion

PER CURIAM.

We reverse the order dismissing the appellant’s complaint for lack of prosecution pursuant to Florida Rules of Civil Procedure, rule 1.420, where the record reflects that within the one year period preceding the motion, the appellant filed his responses to request for production and interrogatories propounded by the appellee. We conclude that this record activity was sufficient to withstand dismissal of this cause pursuant to rule 1.420. See generally Titusville Assocs. v. Epoch Management, Inc., 702 So.2d 1309, 1310 (Fla. 5th DCA 1997); Cravens v. Kulubis, 694 So.2d 780, 781 (Fla. 2d DCA 1997); American Cas. Co. of Reading, Pa. v. Hess, 654 So.2d 1011, 1014 (Fla. 1st DCA 1995); Bush v. Univest Real Estate Corp., 636 So.2d 565, 566 (Fla. 3d DCA 1994); Liuzzo v. Crapo, 504 So.2d 480, 481 (Fla. 1st DCA 1987).

Reversed.

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PER CURIAM.

We reverse the order dismissing the appellant’s complaint for lack of prosecution pursuant to Florida Rules of Civil Procedure, rule 1.420, where the record reflects that within the one year period preceding the motion, the appellant filed his responses to request for production and interrogatories propounded by the appellee. We conclude that this record activity was sufficient to withstand dismissal of this cause pursuant to rule 1.420. See generally Titusville Assocs. v. Epoch Management, Inc., 702 So.2d 1309, 1310 (Fla. 5th DCA 1997); Cravens v. Kulubis, 694 So.2d 780, 781 (Fla. 2d DCA 1997); American Cas. Co. of Reading, Pa. v. Hess, 654 So.2d 1011, 1014 (Fla. 1st DCA 1995); Bush v. Univest Real Estate Corp., 636 So.2d 565, 566 (Fla. 3d DCA 1994); Liuzzo v. Crapo, 504 So.2d 480, 481 (Fla. 1st DCA 1987).

Reversed.

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Bluebook (online)

730 So. 2d 845, 1999 Fla. App. LEXIS 5110, 1999 WL 228605, Counsel Stack Legal Research, https://law.counselstack.com/opinion/balbin-v-wayne-fladistctapp-1999.

Opinion

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