De Benitez v. Russel
Florida District Courts of Appeal
De Benitez v. Russel, 430 So. 2d 524 (1983)
1983 Fla. App. LEXIS 20795
Bark, Dull, Ferguson, Schwartz
De Benitez v. Russel
Opinion of the Court
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).
Reference
- Full Case Name
- Judith Perez DE BENITEZ v. Robert RUSSEL, Receiver for Miami Caribe Investments, Inc., d/b/a Columbus Hotel and Puritan Insurance Company
- Cited By
- 1 case
- Status
- Published