Florida District Courts of Appeal, 1982

Collado v. C & C Cattle Co.

Collado v. C & C Cattle Co.
Florida District Courts of Appeal · Decided June 29, 1982 · Barkdull, Hendry, Jorgenson
415 So. 2d 901; 1982 Fla. App. LEXIS 20483 (Southern Reporter, Second Series)

Collado v. C & C Cattle Co.

Opinion of the Court

PER CURIAM.

We reverse the order of the trial court granting defendant’s motion to dismiss for lack of prosecution pursuant to Fla.R.Civ.P. 1.420(e), since it affirmatively appears from this record that notice of taking of the defendant’s deposition was filed five days prior to the filing of the motion to dismiss. The computation of the time period is based on the one-year period prior to the filing of the motion to dismiss. American Salvage and Jobbing Company, Inc. v. Salomon, 367 So.2d 716 (Fla. 3d DCA 1979); Flack v. Kuhn, 277 So.2d 593 (Fla. 4th DCA 1973); see also Barnes v. Boss, 386 So.2d 812 (Fla. 3d DCA 1980).

Reversed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.