Legal Opinion

Yeargan v. Arrow Air, Inc.

District Court of Appeal of Florida

Decided May 1, 1990No. 89-1455PublishedCited by 1 opinion

1Opinion of the Court

SCHWARTZ, Chief Judge.

Pursuant to Fla.R.Civ.P. 1.420(e), the trial court dismissed a wrongful death action *355for lack of prosecution for more than one year. We affirm.

I

It is undisputed that over a year transpired between the last previous record activity — which involved the filing of the action by the decedent’s mother individually — and the service of an apparently computer-generated court order to show cause why the action should not be dismissed for that reason. The appellant contends, however, that the period was tolled, or good cause for the failure to prosecute was established, by the…

2Cases cited8 opinions

  1. Griffin v. WorkmanSupreme Court of Florida · 1954
  2. Chester, Blackburn & Roder, Inc. v. MarcheseDistrict Court of Appeal of Florida · 1980
  3. Chrysler Leasing Corporation v. PassacantilliSupreme Court of Florida · 1972
  4. Tosar v. SladekDistrict Court of Appeal of Florida · 1981
  5. Bermudez v. Florida Power & Light Co.District Court of Appeal of Florida · 1983

3 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. DeAngelo v. New Jersey Wire Stitching Machine Co.District Court of Appeal of Florida · 1990

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