De Benitez v. Russel

District Court of Appeal of Florida

De Benitez v. Russel

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

District Court of Appeal of Florida·Decided April 26, 1983·No. No. 82-2626·Published·Cited by 1 cases

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).

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

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).

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

Pincite

430 So. 2d 524 (De Benitez v. Russel) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related