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eBook details

• Title: Michael Del Duca v. Paul E. Anthony
• Author : Supreme Court of Florida
• Release Date : January 24, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

Petitioners seek review of Anthony v. Schmitt , 557 So.2d 656 (Fla. 2d DCA 1990), in which the district court held that the trial court erroneously dismissed the cause for lack of prosecution because discovery, timely filed by the plaintiff, was not in bad faith and would move the case forward. We find, as acknowledged by the district court, that there is conflict among the districts with regard to the test to be applied in determining when and under what circumstances a cause may be dismissed for a lack of prosecution when discovery has been sought within the one-year period. Conflict exists with Karcher v. F.W. Schinz & Associates, 487 So.2d 389 (Fla. 1st DCA 1986), and Philips v. Marshall Berwick Chevrolet, Inc., 467 So.2d 1068 (Fla. 4th DCA 1985). We have jurisdiction. Art. V, ? 3(b)(3), Fla. Const. We approve the decision of the district court in this case.

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