Mason v. Boyung

Supreme Court of Florida

Mason v. Boyung

518 So. 2d 265, 13 Fla. L. Weekly 39, 1988 Fla. LEXIS 52, 1988 WL 1502

CourtSupreme Court of Florida

DecidedJanuary 14, 1988

DocketNo. 70187

StatusPublished

This text of 518 So. 2d 265 (Mason v. Boyung) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mason v. Boyung, 518 So. 2d 265, 13 Fla. L. Weekly 39, 1988 Fla. LEXIS 52, 1988 WL 1502 (Fla. 1988).

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Opinion

BARKETT, Justice.

We accepted jurisdiction in order to review the conflicting decisions of Mason v. Boyung, 502 So.2d 27 (Fla. 2d DCA 1987), and Gant v. Tallahassee Memorial Regional Medical Center, 490 So.2d 1020 (Fla. 1st DCA 1986), quashed sub nom. Barnett Bank of East Polk County v. Fleming, 508 So.2d 718 (Fla.1987). The issue to be resolved was whether a prematurely filed motion to dismiss for failure to prosecute under Florida Rule of Civil Procedure 1.420(e) constitutes “record activity” sufficient to bar dismissal of the action. However, we have recently answered this question in the negative in Barnett Bank.

Accordingly, the decision of the Second District is approved.

It is so ordered.

McDonald, C.J., and OVERTON, EHRLICH, SHAW, GRIMES and KOGAN, JJ., concur.

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BARKETT, Justice.

We accepted jurisdiction in order to review the conflicting decisions of Mason v. Boyung, 502 So.2d 27 (Fla. 2d DCA 1987), and Gant v. Tallahassee Memorial Regional Medical Center, 490 So.2d 1020 (Fla. 1st DCA 1986), quashed sub nom. Barnett Bank of East Polk County v. Fleming, 508 So.2d 718 (Fla.1987). The issue to be resolved was whether a prematurely filed motion to dismiss for failure to prosecute under Florida Rule of Civil Procedure 1.420(e) constitutes “record activity” sufficient to bar dismissal of the action. However, we have recently answered this question in the negative in Barnett Bank.

Accordingly, the decision of the Second District is approved.

It is so ordered.

McDonald, C.J., and OVERTON, EHRLICH, SHAW, GRIMES and KOGAN, JJ., concur.

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518 So. 2d 265, 13 Fla. L. Weekly 39, 1988 Fla. LEXIS 52, 1988 WL 1502, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mason-v-boyung-fla-1988.

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