Wells v. Van Arnam

District Court of Appeal of Florida

Wells v. Van Arnam

271 So. 2d 186

CourtDistrict Court of Appeal of Florida

DecidedJanuary 9, 1973

DocketNo. R-122

StatusPublished

Cited by8 cases

This text of 271 So. 2d 186 (Wells v. Van Arnam) 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

Wells v. Van Arnam, 271 So. 2d 186 (Fla. Ct. App. 1973).

Pincite

Opinion

PER CURIAM.

Affirmed. The “action” contemplated by Florida Rule of Civil Procedure 1.420(e), 30 F.S.A., in prosecuting a case of necessity involves actions which result in contact by one party with the opposing party or the court. A party cannot for a year involve himself solely in the preparation of a case, never initiate any action with the opposing party and then argue that the case should not be dismissed as he, without the participation of the opposing counsel or the court, has been contacting witnesses, researching the case or planning trial strategy. See Adams Engineering Company v. Construction Products Corporation, 156 So.2d 497 (Fla.1963); Eastern Elevator, Inc. v. Page, 263 So.2d 218 (Fla.1972); and Musselman Steel Fabricators, Inc. v. Radziwon, 263 So.2d 221 (Fla.1972).

RAWLS, Acting C. J., JOHNSON, J., and NESBITT, JOSEPH, Associate Judge, concur.

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

PER CURIAM.

Affirmed. The “action” contemplated by Florida Rule of Civil Procedure 1.420(e), 30 F.S.A., in prosecuting a case of necessity involves actions which result in contact by one party with the opposing party or the court. A party cannot for a year involve himself solely in the preparation of a case, never initiate any action with the opposing party and then argue that the case should not be dismissed as he, without the participation of the opposing counsel or the court, has been contacting witnesses, researching the case or planning trial strategy. See Adams Engineering Company v. Construction Products Corporation, 156 So.2d 497 (Fla.1963); Eastern Elevator, Inc. v. Page, 263 So.2d 218 (Fla.1972); and Musselman Steel Fabricators, Inc. v. Radziwon, 263 So.2d 221 (Fla.1972).

RAWLS, Acting C. J., JOHNSON, J., and NESBITT, JOSEPH, Associate Judge, concur.

Cite This Page — Counsel Stack

Bluebook (online)

271 So. 2d 186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wells-v-van-arnam-fladistctapp-1973.

Opinion

Related

Cite This Page — Counsel Stack