De Benitez v. Russel

District Court of Appeal of Florida

De Benitez v. Russel

430 So. 2d 524, 1983 Fla. App. LEXIS 20795

CourtDistrict Court of Appeal of Florida

DecidedApril 26, 1983

DocketNo. 82-2626

StatusPublished

Cited by1 cases

This text of 430 So. 2d 524 (De Benitez v. Russel) 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.

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De Benitez v. Russel, 430 So. 2d 524, 1983 Fla. App. LEXIS 20795 (Fla. Ct. App. 1983).

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Opinion

PER CURIAM.

Since both the plaintiff’s deposition, Latimore v. Matthews, 340 So.2d 1261 (Fla. 3d DCA 1976), and her motion to amend the complaint by interlineation, see Mueller v. North Broward Hospital District, 403 So.2d 581 (Fla. 4th DCA 1981), were filed within a year of the motion to dismiss for lack of prosecution under Fla.R.Civ.P. 1.420(e), the order of dismissal under review was erroneous and is reversed. American Salvage & Jobbing Co. v. Salomon, 367 So.2d 716 (Fla. 3d DCA 1979); Shalabey v. Memorial Hospital of South Broward Hospital District, 253 So.2d 712 (Fla. 4th DCA 1971), cert. denied, 257 So.2d 562 (Fla.1972).

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PER CURIAM.

Since both the plaintiff’s deposition, Latimore v. Matthews, 340 So.2d 1261 (Fla. 3d DCA 1976), and her motion to amend the complaint by interlineation, see Mueller v. North Broward Hospital District, 403 So.2d 581 (Fla. 4th DCA 1981), were filed within a year of the motion to dismiss for lack of prosecution under Fla.R.Civ.P. 1.420(e), the order of dismissal under review was erroneous and is reversed. American Salvage & Jobbing Co. v. Salomon, 367 So.2d 716 (Fla. 3d DCA 1979); Shalabey v. Memorial Hospital of South Broward Hospital District, 253 So.2d 712 (Fla. 4th DCA 1971), cert. denied, 257 So.2d 562 (Fla.1972).

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430 So. 2d 524, 1983 Fla. App. LEXIS 20795, Counsel Stack Legal Research, https://law.counselstack.com/opinion/de-benitez-v-russel-fladistctapp-1983.

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