Summary
The Florida Fifth District Court of Appeal affirmed the dismissal of Doris Sheppard’s personal injury action for failure to prosecute under Florida Rule of Civil Procedure 1.420(e). In a special concurrence, Judge Edwards discussed whether the filing of a proper notice for trial immunizes a case from dismissal when the trial court has not set a trial date, noting tension between the rule’s mandatory language and existing Florida case law. The concurrence suggested that this unresolved tension would benefit from clarification.
Holdings
- The Fifth District affirmed the trial court's orders dismissing the action for failure to prosecute and denying rehearing.
Questions Presented
- Whether the trial court properly dismissed the personal injury action for failure to prosecute under Florida Rule of Civil Procedure 1.420(e).
- Whether the filing of a notice for trial, without subsequent action by the trial court setting the case for trial, precluded dismissal for failure to prosecute.
Disposition
affirmed
Cases Cited (13)
- Mikos v. Sarasota Cattle Co., 453 So. 2d 402 (Fla. 1984)(followed or relied upon by concurrence; continued vitality discussed)
- Fishe & Kleeman, Inc. v. Aquarius Condo. Ass’n, 524 So. 2d 1012 (Fla. 1988)(partially receded from)
- Cabrera v. Pazos, Larrinaga & Taylor, P.A., 922 So. 2d 422 (Fla. 2d DCA 2006)(followed or cited as consistent authority)
- Howland Feed Mill, Inc. v. Hart, 774 So. 2d 962 (Fla. 1st DCA 2001)(cited as consistent authority)
- Young v. Mobile Dental Health, Inc., 730 So. 2d 766 (Fla. 2d DCA 1999)(followed or cited as consistent authority)
- Gen. Guar. Ins. Co. v. Bolivar, 460 So. 2d 1011 (Fla. 2d DCA 1984)(cited as qualification)
- Reyes v. Reeves Se. Corp., 895 So. 2d 1274 (Fla. 2d DCA 2005)(followed or cited as consistent authority)
- Bolt v. Smith, 594 So. 2d 864 (Fla. 5th DCA 1992)(followed or cited as consistent authority)
- Citimortgage, Inc. v. Hill, 140 So. 3d 703 (Fla. 1st DCA 2014)(cited as consistent authority)
- Chemrock Corp. v. Tampa Elec. Co., 71 So. 3d 786 (Fla. 2011)(cited as consistent authority)
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Cited In (0)
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Court Document
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