Brown v. Meyers, 96-2150
| Citation | 702 So.2d 646 |
| Decision Date | 31 December 1997 |
| Docket Number | No. 96-2150,96-2150 |
| Parties | 23 Fla. L. Weekly D137 Tommy F. BROWN, Sr., Appellant, v. Bari Malin MEYERS, Talmage S. Meyers and State Automobile Mutual Insurance Company, Appellees. |
| Court | Florida District Court of Appeals |
Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Fred A. Hazouri, Judge; L.T. Case No. CL 92-8938 AO.
Walter G. Latimer of Bolton & Latimer, P.A., Miami, for Appellant.
Diran V. Seropian of Peterson, Bernard, Vandenberg, Zei, Geisler & Martin, West Palm Beach, for Appellees Bari Malin Meyers and Talmage S. Meyers.
Mark M. Bradfield of Bradfield & McAliley, P.A., West Palm Beach, for Appellee State Automobile Mutual Insurance Company.
The trial court's order setting a status conference was record activity sufficient to preclude dismissal of the case for lack of prosecution. See Samuels v. Palm Beach Motor Cars Limited by Simpson, Inc., 618 So.2d 310 (Fla. 4th DCA 1993). Because reversal is warranted on this ground, we do not reach the issue of whether a hearing is necessary on appellant's claim of "good cause" under Florida Rule of Civil Procedure 1.420(e), based on the terminal illness of his wife of 36 years, his grief after her death, his health problems and the withdrawal of his original attorney.
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Moossun v. Orlando Regional Health Care
...DCA 2000), based on conflict with the decisions in Charyulu v. Mercy Hospital, Inc., 703 So.2d 1155 (Fla. 3d DCA 1997), Brown v. Meyers, 702 So.2d 646 (Fla. 4th DCA 1997), and Samuels v. Palm Beach Motor Cars Limited by Simpson, Inc., 618 So.2d 310 (Fla. 4th DCA 1993), on the issue of wheth......
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Moossun v. Orlando Regional Health Care, 5D99-1114.
...to be tried or through exploration of settlement possibilities. Id. at 311. The Fourth District followed Samuels in Brown v. Meyers, 702 So.2d 646 (Fla. 4th DCA 1997), holding that the trial court's mere issuance of an order setting a case for a status conference was sufficient record activ......
- Beaton v. State, 96-4032