Driscoll v. Sharp
Florida District Courts of Appeal
Driscoll v. Sharp, 711 So. 2d 573 (1997)
1997 Fla. App. LEXIS 14462; 1997 WL 817990
Blue, Ficarrotta, Gasper, Northcutt
Driscoll v. Sharp
Opinion of the Court
Dan Driscoll challenges the circuit court’s order dismissing his legal malpractice action for lack of prosecution. The order suggested that the court believed it lacked discretion in the matter. That is not so. Whether a party has shown good cause to avoid dismissal for lack of prosecution is a decision committed to the sound discretion of the court. See Edgecumbe v. American General Corp., 613 So.2d 123 (Fla. 1st DCA 1993). Therefore, we reverse and remand for the circuit court to reconsider its decision in light of its discretion.
Reversed and remanded for further proceedings.
Reference
- Full Case Name
- Dan D. DRISCOLL v. David A. SHARP
- Cited By
- 1 case
- Status
- Published