Florida District Courts of Appeal, 1983

De Benitez v. Russel

Florida District Courts of Appeal · Decided April 26, 1983 · Bark, Dull, Ferguson, Schwartz

430 So. 2d 524; 1983 Fla. App. LEXIS 20795 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Hale v. Hart Properties, Inc. (Fla. Dist. Ct. App. 1983)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Since both the plaintiff’s deposition, Latimore v. Matthews, 340 So.2d 1261 (Fla. 3d DCA 1976), and her motion to amend the complaint by interlineation, see Mueller v. North Broward Hospital District, 403 So.2d 581 (Fla. 4th DCA 1981), were filed within a year of the motion to dismiss for lack of prosecution under Fla.R.Civ.P. 1.420(e), the order of dismissal under review was erroneous and is reversed. American Salvage & Jobbing Co. v. Salomon, 367 So.2d 716 (Fla. 3d DCA 1979); Shalabey v. Memorial Hospital of South Broward Hospital District, 253 So.2d 712 (Fla. 4th DCA 1971), cert. denied, 257 So.2d 562 (Fla. 1972).

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