Opinion

Freeman v. Toney

  • 591 So. 2d 200
  • 1991 Fla. App. LEXIS 2414
  • 1991 WL 35414
Court
District Court of Appeal of Florida
Filed
Mar 20, 1991
Status
Published
On the bench
Downey, Garrett, James, Walden
Cited by
4 cases
Authority
More cited than 87.8%

The opinion

PER CURIAM.

We reverse. Before the trial court filed the motion and notice of hearing regarding involuntary dismissal, it entered an order directing counsel to advise it of the status of the case. Defendant Orkin responded. We hold that the trial court’s order and Orkin’s response constitutes record activity sufficient to prevent involuntary dismissal. In so holding, we align ourselves with Miami Beach Awning Co. v. Heart of the City, Inc., 565 So.2d 739, 739 (Fla. 3d DCA 1990), in which the court stated that the trial court’s order setting the action for status conference was “reasonably calculated to advance the cause toward resolution.” Contra Caldwell v. Mantei, 544 So.2d 252 (Fla. 2d DCA 1989); Norflor Construction Corp. v. City of Gainesville, 512 So.2d 266 (Fla. 1st DCA 1987). The order dismissing the cause for lack of prosecution is reversed and the cause remanded for further proceedings.

REVERSED AND REMANDED.

GARRETT, J., and WALDEN, JAMES H., (Retired), Associate Judge concur.

DOWNEY, J., dissents with opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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