Travelers Insurance Co. v. Smith
Travelers Insurance Co. v. Smith
773 So. 2d 1199; 2000 Fla. App. LEXIS 15925; 2000 WL 1781081
(Southern Reporter, Second Series)
Travelers Insurance Co. v. Smith
Opinion of the Court
We reverse the trial court’s order dismissing Counts I through IX of Traveler’s Insurance Company’s complaint for failure to prosecute under Fla. R. Civ. P. 1420(e). Because a summary partial judgment had been entered on these counts and all issues raised therein were finally adjudicated on their merits, these counts were not subject to dismissal for lack of prosecution. Further, the summary partial judgment was under a stay of execution, which precluded its dismissal under Rule 1.420(e). Accordingly, we reverse and remand for further proceedings consistent herewith.
REVERSED and REMANDED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.