Greenberg ex rel. Lindgren Trust v. Singerman

District Court of Appeal of Florida

Greenberg ex rel. Lindgren Trust v. Singerman

808 So. 2d 1256, 2002 Fla. App. LEXIS 2385, 2002 WL 341030

CourtDistrict Court of Appeal of Florida

DecidedMarch 6, 2002

DocketNo. 3D00-1669

StatusPublished

This text of 808 So. 2d 1256 (Greenberg ex rel. Lindgren Trust v. Singerman) 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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Greenberg ex rel. Lindgren Trust v. Singerman, 808 So. 2d 1256, 2002 Fla. App. LEXIS 2385, 2002 WL 341030 (Fla. Ct. App. 2002).

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Opinion

PER CURIAM.

We reverse an order of dismissal for failure to prosecute because it appears that the death of predecessor counsel contributed a substantial part in the delay of prosecution of this action which was filed in 1991. In this jurisdiction a disposition of an action on its merits is highly favorable. See Alvarez v. State Farm Mutual Auto. Ins. Co., 762 So.2d 943 (Fla. 3d DCA 2000)(plaintiffs untimely motion that showed good cause for failure to prosecute, but was filed after dismissal order, did not prejudice the defendant and did not preclude consideration of good cause); Schlakman v. Helliwell, Melrose & DeWolf, 519 So.2d 14, 15 (Fla. 3d DCA 1987)(“physical disability of a plaintiff or plaintiffs attorney constitutes good cause, justifying a trial court’s refusal to dismiss a failure to prosecute”).

Reversed and remanded.

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PER CURIAM.

We reverse an order of dismissal for failure to prosecute because it appears that the death of predecessor counsel contributed a substantial part in the delay of prosecution of this action which was filed in 1991. In this jurisdiction a disposition of an action on its merits is highly favorable. See Alvarez v. State Farm Mutual Auto. Ins. Co., 762 So.2d 943 (Fla. 3d DCA 2000)(plaintiffs untimely motion that showed good cause for failure to prosecute, but was filed after dismissal order, did not prejudice the defendant and did not preclude consideration of good cause); Schlakman v. Helliwell, Melrose & DeWolf, 519 So.2d 14, 15 (Fla. 3d DCA 1987)(“physical disability of a plaintiff or plaintiffs attorney constitutes good cause, justifying a trial court’s refusal to dismiss a failure to prosecute”).

Reversed and remanded.

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808 So. 2d 1256, 2002 Fla. App. LEXIS 2385, 2002 WL 341030, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greenberg-ex-rel-lindgren-trust-v-singerman-fladistctapp-2002.

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