Florida District Courts of Appeal, 1999

Balbin v. Wayne

Balbin v. Wayne
Florida District Courts of Appeal · Decided April 21, 1999 · Green, Jorgenson, Schwartz
730 So. 2d 845; 1999 Fla. App. LEXIS 5110; 1999 WL 228605 (Southern Reporter, Second Series)

Balbin v. Wayne

Opinion of the Court

PER CURIAM.

We reverse the order dismissing the appellant’s complaint for lack of prosecution pursuant to Florida Rules of Civil Procedure, rule 1.420, where the record reflects that within the one year period preceding the motion, the appellant filed his responses to request for production and interrogatories propounded by the appellee. We conclude that this record activity was sufficient to withstand dismissal of this cause pursuant to rule 1.420. See generally Titusville Assocs. v. Epoch Management, Inc., 702 So.2d 1309, 1310 (Fla. 5th DCA 1997); Cravens v. Kulubis, 694 So.2d 780, 781 (Fla. 2d DCA 1997); American Cas. Co. of Reading, Pa. v. Hess, 654 So.2d 1011, 1014 (Fla. 1st DCA 1995); Bush v. Univest Real Estate Corp., 636 So.2d 565, 566 (Fla. 3d DCA 1994); Liuzzo v. Crapo, 504 So.2d 480, 481 (Fla. 1st DCA 1987).

Reversed.

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