Home/District Court of Appeal of Florida/Henson v. Whorf

Henson v. Whorf

466 So. 2d 23, 10 Fla. L. Weekly 312
District Court of Appeal of Florida·Decided February 7, 1985·No. 83-1548·Published·Cited by 5 cases

Opinion

466 So.2d 23 (1985)

Marion E. HENSON and Malba H. Brown, Appellants,
v.
Charles F. WHORF, et al., Appellees.

No. 83-1548.

District Court of Appeal of Florida, Fifth District.

February 7, 1985.

*24 Bonnie S. Newton, Seminole, for appellants.

John Russell, Homosassa Springs, and W.T. Green, Crystal River, for appellees, Whorf.

PER CURIAM.

It was error to dismiss the action for failure to prosecute (Rule 1.420(e), Fla.R. Civ.P.) when it is clear that there was record activity within the year preceding the filing of appellee's motion to dismiss. Nektaredes v. Sagonias, 432 So.2d 769 (Fla. 2d DCA 1983). Even had it been proper to do so, a dismissal under that rule should be without prejudice. Bair v. Palm Beach Newspapers, Inc., 387 So.2d 517 (Fla. 4th DCA 1980).

The order of dismissal is

REVERSED.

ORFINGER, FRANK D. UPCHURCH, Jr., and SHARP, JJ., concur.

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

Henson v. Whorf, 466 So. 2d 23, 10 Fla. L. Weekly 312 (Fla. Ct. App. 1985).

466 So. 2d 23 (Henson v. Whorf) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

State v. Sadler
920 So. 2d 647 (District Court of Appeal of Florida, 2005)
FANTASY & FAUX INCORPORATED v. Webb
834 So. 2d 338 (District Court of Appeal of Florida, 2003)
Durie v. Hanson
691 So. 2d 485 (District Court of Appeal of Florida, 1997)
Wright v. Allen
611 So. 2d 23 (District Court of Appeal of Florida, 1992)
Hunter v. Cal-Maine Foods, Inc.
477 So. 2d 642 (District Court of Appeal of Florida, 1985)