Legal Opinion · Concurrence

Loudermilk v. Scobie

District Court of Appeal of Florida

Decided May 21, 1985No. 84-1583Published

1ConcurrenceFerguson, Judge

I concur in the result because plaintiffs search to locate the defendants for purposes of service of process did not constitute record activity so as to establish good cause to avoid dismissal for lack of prosecution. The search was documented only by an affidavit and letter from two investigative firms filed in response to the court’s rule to show cause why the action should not be dismissed, and was not evidenced by any record activity, as by use of discovery procedures, during the one year prior to the filing of the court’s rule to show cause. See Reilly v. Fuss, 170 So.2d 475 (Fla. 2d DCA…

2Cases cited3 opinions

  1. AM. EASTERN CORP. v. Henry Blanton, Inc.District Court of Appeal of Florida · 1980
  2. Reilly v. FussDistrict Court of Appeal of Florida · 1964
  3. Funke v. LopezDistrict Court of Appeal of Florida · 1983

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