Wimmer v. Wimmer

District Court of Appeal of Florida

Wimmer v. Wimmer

473 So. 2d 768, 10 Fla. L. Weekly 1802

CourtDistrict Court of Appeal of Florida

DecidedJuly 24, 1985

DocketNo. 84-2248

StatusPublished

This text of 473 So. 2d 768 (Wimmer v. Wimmer) 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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Wimmer v. Wimmer, 473 So. 2d 768, 10 Fla. L. Weekly 1802 (Fla. Ct. App. 1985).

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Opinion

PER CURIAM.

We decline to catalog the procedural history in this case. Suffice it to say that counsel for appellant filed the original complaint in June of 1978. When the court dismissed this case for lack of prosecution on August 28, 1984, the case had not yet come to issue. This is a simple action for enforcement of a foreign support decree. We note our disapproval of the apparent lack of attention to this case.¹ However, we must reverse and remand this cause for further proceedings since appellant created sufficient record activity to preclude dismissal for lack of prosecution. See Philips v. Marshall Berwick Chevrolet, Inc., 467 So.2d 1068 (Fla. 4th DCA 1985).

REVERSED and REMANDED.

HERSEY, C.J., and ANSTEAD and DELL, JJ., concur.

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PER CURIAM.

We decline to catalog the procedural history in this case. Suffice it to say that counsel for appellant filed the original complaint in June of 1978. When the court dismissed this case for lack of prosecution on August 28, 1984, the case had not yet come to issue. This is a simple action for enforcement of a foreign support decree. We note our disapproval of the apparent lack of attention to this case.¹ However, we must reverse and remand this cause for further proceedings since appellant created sufficient record activity to preclude dismissal for lack of prosecution. See Philips v. Marshall Berwick Chevrolet, Inc., 467 So.2d 1068 (Fla. 4th DCA 1985).

REVERSED and REMANDED.

HERSEY, C.J., and ANSTEAD and DELL, JJ., concur.

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473 So. 2d 768, 10 Fla. L. Weekly 1802, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wimmer-v-wimmer-fladistctapp-1985.

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