Florida District Courts of Appeal, 1997

Malka v. Lawrence

Malka v. Lawrence
Florida District Courts of Appeal · Decided March 12, 1997 · Barkdull, Nesbitt, Schwartz
690 So. 2d 649; 1997 Fla. App. LEXIS 2343; 1997 WL 115246 (Southern Reporter, Second Series)

Malka v. Lawrence

Opinion of the Court

PER CURIAM.

Because, within the one-year period prior to dismissal, the plaintiff filed and served requests for admissions as to genuine issues in the case which had been disputed in the pleadings, the trial court erred in dismissing the cause for lack of prosecution under Florida Rule of Civil Procedure 1.420(e). See Del Duca v. Anthony, 587 So.2d 1306 (Fla. 1991).

Reversed.

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