Capital Investment Group, Inc. v. Richburg
Capital Investment Group, Inc. v. Richburg
Opinion of the Court
The sole issue for our determination in this appeal is whether the trial court erred when it dismissed this action for lack of prosecution.
Concluding that the trial court did abuse its discretion, we reverse and reinstate the action.
During the relevant one-year period preceding the motion to dismiss, Appellees responded to two discovery requests propounded by Appellant. One of the Appel-lees provided requested documents. The other Appellee provided answers to interrogatories. Also within the relevant one-year period, Appellant’s counsel wrote a letter to Appellee’s counsel seeking more complete answers to the interrogatories, which, by local rule, was a precondition to filing a motion to compel.
Having reviewed the record, we conclude that this non-record activity was suf
REVERSED AND REMANDED.
. Fla. R. Civ. P. 1.420. The parties agree that this case is governed by the version of the rule that existed prior to the most recent amendment, which substantially revised the rule. In re Amendments to the Florida Rules of Civil Procedure (Two Year Cycle), 917 So.2d 176, 181 (Fla. 2005).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.