Flack v. Kuhn
| Citation | 277 So.2d 593 |
| Decision Date | 10 May 1973 |
| Docket Number | No. 71--351,71--351 |
| Court | Court of Appeal of Florida (US) |
| Parties | Joseph FLACK and Grace Flack, a/k/a Grace Klein, Individually and as stockholders of and for the Use and Benefit of Klein & Chrestensen Reporting Service, Inc., a Florida corporation, Appellants, v. Geneva KUHN and Joleen Chrestensen, d/b/a Joleen Chrestensen & Associates, Appellees. |
John H. Lewis, Miami, for appellants.
Robert J. O'Toole, Fort Lauderdale, for appellee-Joleen Chrestensen.
Appellants-plaintiffs, Joseph Flack and Grace Flack, appeal a final order in favor of appellees-defendants, Geneva Kuhn and Joleen Chrestensen, dismissing appellants' complaint for want of prosecution. We reverse.
The record discloses that within a one-year period immediately prior to the filing of the motion to dismiss, the appellants filed a notice of taking deposition, as well as a notice of appearance of counsel. The filing of the notice of taking deposition constitutes as affirmative showing of prosecution of the action within the meaning of Fla.R.Civ.P. 1.420(e), 30 F.S.A. Rosenfeld v. Glickstein, 200 So.2d 242 (Fla.App.1967); Owens v. Ken's Paint and Body Shop, 196 So.2d 17 (Fla.App.167); see also Licausi v. Airport Transportation Service, Inc., 252 So.2d 835 (Fla.App.1971); Musselman Steel Fabricators, Inc. v. Radziwon, 250 So.2d 327 (Fla.App.1971).
Accordingly, the order dismissing the cause of action for want of prosecution is reversed and the cause remanded for further proceedings consistent with the views herein expressed.
Reversed and remanded.
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Hahn v. First Nat. Bank of Delray Beach, s. 75--2296
...appellant propounded interrogatories immediately before appellee filed its motion to dismiss for non-prosecution. Flack v. Kuhn, 277 So.2d 593 (Fla.4th DCA 1973); City of Jacksonville v. Hinson, 202 So.2d 806 (Fla.1st DCA 1967). Appellee urges that the case was nevertheless properly dismiss......
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Barnes v. Ross, 79-1028
...to dismiss for lack of prosecution, it is clear that almost total inactivity is countenanced under the rule. See, e. g., Flack v. Kuhn, 277 So.2d 593 (Fla. 4th DCA 1973); Waldman v. Frankel, 343 So.2d 1325 (Fla. 3d DCA 1977); Hahn v. First National Bank of Delray Beach, 345 So.2d 345 (Fla. ......
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O'Neal v. Midgette
...to prevent dismissal under Fla.R.Civ.P. 1.420(e). See Eastern Elevator, Inc. v. Page, 263 So.2d 218 (Fla.1972); Flack v. Kuhn, 277 So.2d 593 (Fla. 4th DCA 1973); Licausi v. Airport Transportation Service, Inc., 252 So.2d 835 (Fla. 4th DCA 1971).2 See American Employers Insurance Co. v. J. H......
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Collado v. C & C Cattle Co., Inc., 81-1536
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