Florida District Courts of Appeal, 1997

Driscoll v. Sharp

Florida District Courts of Appeal · Decided December 31, 1997 · Blue, Ficarrotta, Gasper, Northcutt

711 So. 2d 573; 1997 Fla. App. LEXIS 14462; 1997 WL 817990 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

State v. Casner (Fla. Dist. Ct. App. 2002)

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 of the Court

NORTHCUTT, Judge.

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.

BLUE, A.C.J., and FICARROTTA, GASPER, J., Associate Judge, concur.

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