Collado v. C & C Cattle Co.

District Court of Appeal of Florida

Collado v. C & C Cattle Co.

415 So. 2d 901, 1982 Fla. App. LEXIS 20483

District Court of Appeal of Florida·Decided June 29, 1982·No. No. 81-1536·Published·Cited by 4 cases

Opinion

PER CURIAM.

We reverse the order of the trial court granting defendant’s motion to dismiss for lack of prosecution pursuant to Fla.R.Civ.P. 1.420(e), since it affirmatively appears from this record that notice of taking of the defendant’s deposition was filed five days prior to the filing of the motion to dismiss. The computation of the time period is based on the one-year period prior to the filing of the motion to dismiss. American Salvage and Jobbing Company, Inc. v. Salomon, 367 So.2d 716 (Fla. 3d DCA 1979); Flack v. Kuhn, 277 So.2d 593 (Fla. 4th DCA 1973); see also Barnes v. Boss, 386 So.2d 812 (Fla. 3d DCA 1980).

Reversed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

We reverse the order of the trial court granting defendant’s motion to dismiss for lack of prosecution pursuant to Fla.R.Civ.P. 1.420(e), since it affirmatively appears from this record that notice of taking of the defendant’s deposition was filed five days prior to the filing of the motion to dismiss. The computation of the time period is based on the one-year period prior to the filing of the motion to dismiss. American Salvage and Jobbing Company, Inc. v. Salomon, 367 So.2d 716 (Fla. 3d DCA 1979); Flack v. Kuhn, 277 So.2d 593 (Fla. 4th DCA 1973); see also Barnes v. Boss, 386 So.2d 812 (Fla. 3d DCA 1980).

Reversed.

Collado v. C & C Cattle Co., 415 So. 2d 901, 1982 Fla. App. LEXIS 20483 (Fla. Ct. App. 1982).

Pincite

415 So. 2d 901 (Collado v. C & C Cattle Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related