Koenig v. Delotte Haskins & Sells

474 So. 2d 305, 10 Fla. L. Weekly 1737, 1985 Fla. App. LEXIS 15448

• Court: District Court of Appeal of Florida
• Decided: July 16, 1985
• Docket: No. 84-2499
• Status: Published

Opinion

PER CURIAM.

We hold that a settlement with one plaintiff is record activity calculated to hasten a cause to resolution, and therefore it was error for the trial court to dismiss the cause as to a remaining plaintiff because of alleged nonactivity pursuant to Rule 1.420, Florida Rules of Civil Procedure. See and Compare Eastern Elevator, Inc., v. Page, 263 So.2d 218 (Fla.1972); Nektaredes v. Sagonias, 432 So.2d 769 (Fla. 2d DCA 1983); Marschall v. Water-Boggan International, Inc., 401 So.2d 1157 (Fla. 3d DCA 1981); DeVaney v. Rumsch, 247 So.2d 69 (Fla. 1st DCA 1971).

The order under review dismissing the cause is reversed for further proceedings.

Reversed and remanded.