Florida District Courts of Appeal, 1996

Washington v. PHF Life Insurance Co.

Washington v. PHF Life Insurance Co.
Florida District Courts of Appeal · Decided November 1, 1996 · Dauksch, Griffin, Harris
681 So. 2d 1213; 1996 Fla. App. LEXIS 11418; 1996 WL 631696 (Southern Reporter, Second Series)

Washington v. PHF Life Insurance Co.

Opinion of the Court

PER CURIAM.

AFFIRMED.

DAUKSCH and HARRIS, JJ., concur. GRIFFIN, J., concurs specially with opinion.

Concurring Opinion

GRIFFIN, Judge,

concurring specially.

Although I have pretty much given up hoping that dismissal for want of prosecution law under Florida Rule of Civil Procedure 1.420(e) will ever be rationalized, I would like to take up enough space in the reporter to chronicle exactly what facts led to dismissal, for whatever benefit this information may have for the litigators in this state exposed to the pitfalls of the rule and the case law that burdens it. In this ease, within one year prior to the filing of the motion to dismiss, discovery interrogatories, including expert interrogatories, were served by counsel for the plaintiff. The notice of service was not, however, filed until after the motion to dismiss was filed. Therefore, there was no “record activity” for more than one year.

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