Greenberg ex rel. Lindgren Trust v. Singerman
District Court of Appeal of Florida
1Per curiam
We reverse an order of dismissal for failure to prosecute because it appears that the death of predecessor counsel contributed a substantial part in the delay of prosecution of this action which was filed in 1991. In this jurisdiction a disposition of an action on its merits is highly favorable. See Alvarez v. State Farm Mutual Auto. Ins. Co., 762 So.2d 943 (Fla. 3d DCA 2000)(plaintiffs untimely motion that showed good cause for failure to prosecute, but was filed after dismissal order, did not prejudice the defendant and did not preclude consideration of good cause); Schlakman v. Helliwell,…
2Cases cited2 opinions
- Schlakman v. Helliwell, Melrose & DeWolfDistrict Court of Appeal of Florida · 1987
- Alvarez v. State Farm Mutual Automobile Insurance Co.District Court of Appeal of Florida · 2000