Charyulu v. Mercy Hosp., Inc., 96-3338
| Decision Date | 10 December 1997 |
| Docket Number | No. 96-3338,96-3338 |
| Citation | 703 So.2d 1155 |
| Parties | 22 Fla. L. Weekly D2752 Komandu CHARYULU, M.D., and Mario Vuksanovic, M.D., Appellants, v. MERCY HOSPITAL, INC., Luis Villa, M.D., and Interamerican Institute of Hematology & Oncology, Appellees. |
| Court | Florida District Court of Appeals |
An Appeal from the Circuit Court for Dade County; Bernard S. Shapiro, Judge.
Lyons and Farrar and Marsha L. Lyons, Tallahassee, for appellants.
Womack, Appleby & Brennan and Frank Silva, for appellee Mercy Hospital, Inc.
Steel Hector & Davis and Alice G. Hector and Anne Marie Estevez and Sarah B. Clasby, for appellees Luis Villa, M.D. and Interamerican Institute of Hematology & Oncology.
Before SCHWARTZ, C.J., and JORGENSON and LEVY, JJ.
The plaintiffs filed a Notice to Convene a Case Management Conference less than one year after the occurrence of the last record activity in the case. In view of the fact that we find that the holding of such a conference is designed to move the case forward, it was error for the trial court to dismiss the case for lack of prosecution under Florida Rule of Civil Procedure 1.420(e). Accordingly, the order of dismissal is reversed and this cause is remanded for further proceedings consistent herewith.
Reversed and Remanded.
To continue reading
Request your trial
-
Moossun v. Orlando Regional Health Care
...v. Orlando Regional Health Care, 760 So.2d 193 (Fla. 5th 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.,......
-
Moossun v. Orlando Regional Health Care, 5D99-1114.
...of a notice to convene a case management conference was sufficient record activity to preclude dismissal. See Charyulu v. Mercy Hospital, Inc., 703 So.2d 1155 (Fla. 3d DCA 1997), review denied, 717 So.2d 535 (Fla. 1998). The entire text of the opinion was as The plaintiffs filed a Notice to......
- Kyles v. State
- Mercy Hosp., Inc. v. Charyulu
-
The case management conference: tune-up needed?
...distinguished between a status order (not record activity) and a status conference (record activity) (Charyulu v. Mercy Hospital, Inc., 703 So. 2d 1155 (Fla. 3d D.C.A. 1997), rev. denied, 717 So. 2d 535 (Fla. 1998); and Samuels v. Palm Beach Motor Cars Limited By Simpson, Inc., 618 So. 2d 3......