Estate of Kernan v. Gifford

District Court of Appeal of Florida

Estate of Kernan v. Gifford

426 So. 2d 1141, 1983 Fla. App. LEXIS 18599

CourtDistrict Court of Appeal of Florida

DecidedFebruary 8, 1983

DocketNo. AM-268

StatusPublished

Cited by1 cases

This text of 426 So. 2d 1141 (Estate of Kernan v. Gifford) 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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Estate of Kernan v. Gifford, 426 So. 2d 1141, 1983 Fla. App. LEXIS 18599 (Fla. Ct. App. 1983).

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Opinion

MILLS, Judge.

The Estate’s personal representative appeals an order dismissing an action filed by Kernan for failure to prosecute. We reverse.

The motion to dismiss was filed on 31 December 1981. A review of the record reveals considerable activity during 1981. A deposition was taken and filed, interrogatories were answered, numerous depositions were noticed or rescheduled, a successor personal representative was named, and commissioners to take out-of-state depositions were appointed. This record activity precludes dismissal for failure to prosecute. Harris v. Winn-Dixie Stores, 378 So.2d 90 (Fla. 1st DCA 1979); Florida Rule of Civil Procedure 1.420(e).

The order is reversed, this case is remanded with directions to reinstate the action and to appoint another successor personal representative as agreed by the parties.

ERVIN, J., and PEARSON, TILLMAN (Ret.), Associate Judge, concur.

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MILLS, Judge.

The Estate’s personal representative appeals an order dismissing an action filed by Kernan for failure to prosecute. We reverse.

The motion to dismiss was filed on 31 December 1981. A review of the record reveals considerable activity during 1981. A deposition was taken and filed, interrogatories were answered, numerous depositions were noticed or rescheduled, a successor personal representative was named, and commissioners to take out-of-state depositions were appointed. This record activity precludes dismissal for failure to prosecute. Harris v. Winn-Dixie Stores, 378 So.2d 90 (Fla. 1st DCA 1979); Florida Rule of Civil Procedure 1.420(e).

The order is reversed, this case is remanded with directions to reinstate the action and to appoint another successor personal representative as agreed by the parties.

ERVIN, J., and PEARSON, TILLMAN (Ret.), Associate Judge, concur.

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426 So. 2d 1141, 1983 Fla. App. LEXIS 18599, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-kernan-v-gifford-fladistctapp-1983.

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