Musselman Steel Fabricators, Inc. v. Radziwon
| Decision Date | 21 June 1971 |
| Docket Number | No. 71--198,71--198 |
| Court | Florida District Court of Appeals |
| Parties | MUSSELMAN STEEL FABRICATORS, INC., a Florida corporation, Appellant, v. Kathleen Mae RADZIWON, individually, and as widow of Frank Radziwon, deceased and Frank J. Rooney, Inc., a Florida corporation, Appellee. |
Thomas B. Mimms, Jr., of Fleming, O'Bryan & Fleming, Fort Lauderdale, for appellant.
Ellen S. Mills, of Kirsch & Druck, Fort Lauderdale, for appellee Radiziwon.
By interlocutory appeal we are asked to review an order of the trial court denying defendant's motion to dismiss for failure to prosecute.
The record discloses that within a one-year period immediately prior to the filing of the motion to dismiss the court reporter filed with the clerk the depositions of certain witnesses. Although the depositions had been taken By the defendants at a time more than one year prior to the filing of their motion, we hold that the filing of the depositions constitutes sufficient affirmative showing of prosecution of the action to justify denial of a motion to dismiss filed under Rule 1.420(e) R.C.P., 30 F.S.A. Cf. Fund Insurance Companies v. Preskitt, Fla.App.1970, 231 So.2d 866; Cypress Corporation of Florida v. Smith, Fla.App.1969, 218 So.2d 481; Rosenfeld v. Glickstein, Fla.App.1967, 200 So.2d 242; Owens v. Ken's Paint and Body Shop, Fla.App.1967, 196 So.2d 17; and Eastern Elevator, Inc. v. Page et al., Fourth District Court of Appeal, 250 So.2d 326, opinion filed June 18, 1971.
Affirmed.
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Musselman Steel Fabricators, Inc. v. Radziwon, 41465
...Justice. Petition for writ of certiorari brings for review a 'failure to prosecute' decision of the Fourth District Court of Appeal at 250 So.2d 327 (1971). We tentatively accepted jurisdiction upon the basis of apparent conflict with prior decisions of this Court in Gulf Appliance Distribu......
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Licausi v. Airport Transp. Service, Inc.
...the motion to dismiss, rendering a motion to dismiss filed under Rule 1.420(e), FRCP, 30 F.S.A., premature. Musselman Steel Fabricators, Inc. v. Radziwon, Fla.App.1971, 250 So.2d 327; Eastern Elevator, Inc. v. Page, Fla.App.1971, 250 So.2d 326; Fund Insurance Companies v. Preskitt, Fla.App.......
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Eastern Elevator, Inc. v. Page
...220 So.2d 908 (Fla.1969), as were asserted in Musselman Steel Fabricators, Inc. v. Radziwon, the other Fourth District case at 250 So.2d 327 (Fla.App.4th 1971), cert. dischg. with opinion this day, 263 So.2d 218 (Fla.1972), involving construction of the same Rule 1.420(e), 30 F.S.A. 1 Fla.C......
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Flack v. Kuhn
...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 rema......