Karcher v. F.W. Schinz and Associates, Inc., BG-286
| Decision Date | 23 April 1986 |
| Docket Number | No. BG-286,BG-286 |
| Citation | 487 So.2d 389,11 Fla. L. Weekly 957 |
| Parties | 11 Fla. L. Weekly 957 Arthur P. KARCHER, Jr., Shirley Karcher, Jane J. Hill and Robert R. Doss, Appellants, v. F.W. SCHINZ AND ASSOCIATES, INC. and Boise Cascade Corporation, Appellees. |
| Court | Florida District Court of Appeals |
Matthew W. Burns, Destin, for appellants.
Siegfreid F. Kessler, of Smith, Grimsley, Remington & Kessler, Ft. Walton Beach, for appellee Schinz.
J. Craig Knox, of Fuller & Johnson, P.A., Tallahassee, for appellee Boise Cascade.
This is an appeal from a final order dismissing the action for failure to prosecute. We affirm.
The appellants (herein referred to collectively as Karcher) are owners of townhouse units built by F.W. Schinz and Associates (Schinz), who utilized "sawtooth" siding manufactured by Boise Cascade. On 1 March 1981, Karcher initiated this action by filing a complaint alleging that the siding was defective and had diminished the value of the townhouse units.
After various procedural developments not germane to this appeal, on 10 May 1982 the trial court entered an order setting aside a default judgment that had been entered against Boise Cascade, and accepting the filing of Boise Cascade's answer and the cross claim by Schinz. Following this, there was no record activity for nineteen months until 2 December 1983 when Karcher filed a request for admissions to Boise Cascade. Although Karcher served a motion to produce directed to Schinz on 16 November 1982 and a request for production directed to Boise Cascade on 27 October 1983, no papers were filed in the court and thus they were not made part of the record. Boise Cascade filed its answer to the request for admissions on 9 January 1984. Then from 9 January 1984 until 4 January 1985, there was again a period of record inactivity.
On 4 January 1985, Karcher filed a single interrogatory directed to Boise Cascade requesting that a detailed explanation be given for the denials that were entered in response to Karcher's request for admissions, which had been served on 2 December 1983 and answered a year earlier on 9 January 1984.
The next action taken was by Boise Cascade who filed a motion to dismiss for failure to prosecute on 9 January 1985. Thereafter, on 28 March 1985, Karcher filed a response to the motion to dismiss and a motion to compel directed against Boise Cascade. The motion to dismiss was granted on 1 April 1985 and this appeal followed.
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Anthony v. Schmitt
...and were not genuine measures to hasten the suit to judgment." Harris, 378 So.2d at 94. Thereafter, in Karcher v. F.W. Schinz & Associates, 487 So.2d 389 (Fla. 1st DCA 1986), the first district held that a single interrogatory which asks a party to explain the basis for its denial of an ear......
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Ospina v. Indian Creek Club & Marina Condominium Assoc., 89-2361
...CURIAM. Affirmed. See Fla.R.Civ.P. 1.420(e); Alech v. General Ins. Co., 491 So.2d 337 (Fla. 3d DCA 1986); Karcher v. F.W. Schinz & Assocs., Inc., 487 So.2d 389 (Fla. 1st DCA 1986); F.M.C. Corp. v. Chatman, 368 So.2d 1307 (Fla. 4th DCA 1979), cert. denied, 379 So.2d 203 ...
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Del Duca v. Anthony
...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......
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Mastrangelo v. Sandstrom, Inc., 91-0390
...record activity, which is affirmative activity of record designed to progress the suit to judgment. Karcher v. F.W. Schinz & Associates, 487 So.2d 389 (Fla. 1st DCA 1986); Gulf Appliance Distributors, Inc. v. Long, 53 So.2d 706 (Fla.1951). In view of the foregoing, under the rule, appellees......