Legal Opinion

Malka v. Lawrence

District Court of Appeal of Florida

Decided March 12, 1997No. 96-1644PublishedCited by 2 opinions

1Per curiam

Because, within the one-year period prior to dismissal, the plaintiff filed and served requests for admissions as to genuine issues in the case which had been disputed in the pleadings, the trial court erred in dismissing the cause for lack of prosecution under Florida Rule of Civil Procedure 1.420(e). See Del Duca v. Anthony, 587 So.2d 1306 (Fla.1991).

Reversed.

2Cases cited1 opinion

  1. Del Duca v. AnthonySupreme Court of Florida · 1991

3Cited by2 opinions

  1. Sheen v. the Time Inc. Magazine Co.District Court of Appeal of Florida · 2002
  2. Curtin v. DelucaDistrict Court of Appeal of Florida · 2004