# Freeman v. Toney

> District Court of Appeal of Florida · March 20, 1991 · 591 So. 2d 200

URL: https://www.frixlaw.com/law-library/cases/7597323

## Case

- **Full name:** Nebuchadnezzar FREEMAN and Helen Freeman v. Keith Leroy TONEY and Orkin Exterminating Company Inc.
- **Court:** District Court of Appeal of Florida
- **Decided:** March 20, 1991
- **Citations:** 591 So. 2d 200; 1991 Fla. App. LEXIS 2414; 1991 WL 35414
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Downey, Garrett, James, Walden
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7597323

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7597323. Public record. Not legal advice.