Florida District Courts of Appeal, 1985

Henson v. Whorf

Florida District Courts of Appeal · Decided February 7, 1985 · Per Curiam

466 So. 2d 23; 10 Fla. L. Weekly 312 (Southern Reporter, Second Series)

Cases that cite this one

5 later published cases cite this decision.

FANTASY & FAUX INCORPORATED v. Webb (Fla. Dist. Ct. App. 2003)
State v. Sadler (Fla. Dist. Ct. App. 2005)
Durie v. Hanson (Fla. Dist. Ct. App. 1997)
Wright v. Allen (Fla. Dist. Ct. App. 1992)
Hunter v. Cal-Maine Foods, Inc. (Fla. Dist. Ct. App. 1985)

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

466 So.2d 23 (1985)

Marion E. HENSON and Malba H. Brown, Appellants,
v.
Charles F. WHORF, et al., Appellees.

No. 83-1548.

District Court of Appeal of Florida, Fifth District.

February 7, 1985.

*24 Bonnie S. Newton, Seminole, for appellants.

John Russell, Homosassa Springs, and W.T. Green, Crystal River, for appellees, Whorf.

PER CURIAM.

It was error to dismiss the action for failure to prosecute (Rule 1.420(e), Fla.R. Civ.P.) when it is clear that there was record activity within the year preceding the filing of appellee's motion to dismiss. Nektaredes v. Sagonias, 432 So.2d 769 (Fla. 2d DCA 1983). Even had it been proper to do so, a dismissal under that rule should be without prejudice. Bair v. Palm Beach Newspapers, Inc., 387 So.2d 517 (Fla. 4th DCA 1980).

The order of dismissal is

REVERSED.

ORFINGER, FRANK D. UPCHURCH, Jr., and SHARP, JJ., concur.

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