Pope v. Sose

District Court of Appeal of Florida

Pope v. Sose

610 So. 2d 56, 1992 Fla. App. LEXIS 12690, 1992 WL 360957

CourtDistrict Court of Appeal of Florida

DecidedDecember 8, 1992

DocketNo. 92-357

StatusPublished

This text of 610 So. 2d 56 (Pope v. Sose) 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.

Bluebook

Pope v. Sose, 610 So. 2d 56, 1992 Fla. App. LEXIS 12690, 1992 WL 360957 (Fla. Ct. App. 1992).

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Opinion

PER CURIAM.

We reverse the order dismissing the action below for lack of prosecution under Florida Rule of Civil Procedure 1.420(e) as to the defendant David Sose and remand the cause to the trial court for further proceedings based on a holding that (1) [57]*57there was record activity directed toward disposition of the cause within one year prior to the filing of the defendant David Sose’s motion to dismiss, to wit: the issuance of a summons on the instant complaint as to the codefendant Timothy Leary, and (2) the defendant David Sose was therefore not entitled to a dismissal of the action as to him under Rule 1.420(e). Utset v. Campos, 548 So.2d 834 (Fla. 3d DCA1989).

Reversed and remanded.

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PER CURIAM.

We reverse the order dismissing the action below for lack of prosecution under Florida Rule of Civil Procedure 1.420(e) as to the defendant David Sose and remand the cause to the trial court for further proceedings based on a holding that (1) [57]*57there was record activity directed toward disposition of the cause within one year prior to the filing of the defendant David Sose’s motion to dismiss, to wit: the issuance of a summons on the instant complaint as to the codefendant Timothy Leary, and (2) the defendant David Sose was therefore not entitled to a dismissal of the action as to him under Rule 1.420(e). Utset v. Campos, 548 So.2d 834 (Fla. 3d DCA1989).

Reversed and remanded.

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Bluebook (online)

610 So. 2d 56, 1992 Fla. App. LEXIS 12690, 1992 WL 360957, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pope-v-sose-fladistctapp-1992.

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