Santa v. Thermo-Air Service, Inc.

District Court of Appeal of Florida

Santa v. Thermo-Air Service, Inc.

506 So. 2d 1170, 12 Fla. L. Weekly 1236, 1987 Fla. App. LEXIS 8204

CourtDistrict Court of Appeal of Florida

DecidedMay 12, 1987

DocketNos. 86-2436, 86-2421

StatusPublished

Cited by3 cases

This text of 506 So. 2d 1170 (Santa v. Thermo-Air Service, Inc.) 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

Santa v. Thermo-Air Service, Inc., 506 So. 2d 1170, 12 Fla. L. Weekly 1236, 1987 Fla. App. LEXIS 8204 (Fla. Ct. App. 1987).

Pincite

Opinion

PER CURIAM.

These consolidated appeals arise from the trial court’s entry of a final judgment of dismissal for failure to prosecute pursuant to Florida Rule of Civil Procedure 1.420(e).

We agree with appellants’ contention that plaintiff Janice M. Santa’s filing of an interrogatory to defendants within the one year period prior to the filing of defendants’ motion to dismiss, requesting the names of any additional, previously undisclosed witnesses, constituted sufficient record activity to preclude a dismissal for lack of prosecution. Philips v. Marshall Berwick Chevrolet, Inc., 467 So.2d 1068 (Fla. 4th DCA 1985); Greenwell v. Cuiffo, 415 So.2d 901 (Fla.3d DCA 1982); see Eastern Elevator, Inc. v. Page, 263 So.2d 218 (Fla.1972).

Reversed and remanded for further proceedings.

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

PER CURIAM.

These consolidated appeals arise from the trial court’s entry of a final judgment of dismissal for failure to prosecute pursuant to Florida Rule of Civil Procedure 1.420(e).

We agree with appellants’ contention that plaintiff Janice M. Santa’s filing of an interrogatory to defendants within the one year period prior to the filing of defendants’ motion to dismiss, requesting the names of any additional, previously undisclosed witnesses, constituted sufficient record activity to preclude a dismissal for lack of prosecution. Philips v. Marshall Berwick Chevrolet, Inc., 467 So.2d 1068 (Fla. 4th DCA 1985); Greenwell v. Cuiffo, 415 So.2d 901 (Fla.3d DCA 1982); see Eastern Elevator, Inc. v. Page, 263 So.2d 218 (Fla.1972).

Reversed and remanded for further proceedings.

Cite This Page — Counsel Stack

Bluebook (online)

506 So. 2d 1170, 12 Fla. L. Weekly 1236, 1987 Fla. App. LEXIS 8204, Counsel Stack Legal Research, https://law.counselstack.com/opinion/santa-v-thermo-air-service-inc-fladistctapp-1987.

Opinion

Related

Cite This Page — Counsel Stack