Torres v. Gomez

District Court of Appeal of Florida

Torres v. Gomez

683 So. 2d 190, 1996 Fla. App. LEXIS 12316, 1996 WL 670291

CourtDistrict Court of Appeal of Florida

DecidedNovember 20, 1996

DocketNo. 96-352

StatusPublished

Cited by1 cases

This text of 683 So. 2d 190 (Torres v. Gomez) 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.

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Torres v. Gomez, 683 So. 2d 190, 1996 Fla. App. LEXIS 12316, 1996 WL 670291 (Fla. Ct. App. 1996).

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Opinion

PER CURIAM.

Appellant, Gloria Torres, appeals dismissal of her action for failure to prosecute pursuant to Florida Rule of Civil Procedure 1.420(e). We reverse.

Non-record activity may, in some cases, constitute good cause to prevent dismissal for failure to prosecute. Barnes v. Ross, 386 So.2d 812 (Fla. 3d DCA 1980). However, there must be a finding of good cause before dismissal is appropriate. American E. Corp. v. Henry Blanton, Inc., 382 So.2d 863 (Fla. 2d DCA 1980). Thus, we reverse and remand for an evidentiary hearing to determine whether good cause exists to defeat dismissal of this action. See Lakeside Regent, Inc. v. Cohen, Scherer & Cohn, P.A., [191]*191642 So.2d 148 (Fla. 4th DCA 1994); Bruns v. Jones, 481 So.2d 544 (Fla. 5th DCA 1986).

Reversed and remanded with instructions.

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PER CURIAM.

Appellant, Gloria Torres, appeals dismissal of her action for failure to prosecute pursuant to Florida Rule of Civil Procedure 1.420(e). We reverse.

Non-record activity may, in some cases, constitute good cause to prevent dismissal for failure to prosecute. Barnes v. Ross, 386 So.2d 812 (Fla. 3d DCA 1980). However, there must be a finding of good cause before dismissal is appropriate. American E. Corp. v. Henry Blanton, Inc., 382 So.2d 863 (Fla. 2d DCA 1980). Thus, we reverse and remand for an evidentiary hearing to determine whether good cause exists to defeat dismissal of this action. See Lakeside Regent, Inc. v. Cohen, Scherer & Cohn, P.A., [191]*191642 So.2d 148 (Fla. 4th DCA 1994); Bruns v. Jones, 481 So.2d 544 (Fla. 5th DCA 1986).

Reversed and remanded with instructions.

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683 So. 2d 190, 1996 Fla. App. LEXIS 12316, 1996 WL 670291, Counsel Stack Legal Research, https://law.counselstack.com/opinion/torres-v-gomez-fladistctapp-1996.

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