Legal Opinion

Equity Capital Co. v. 601 West 26 Corp.

District Court of Appeal of Florida

Decided June 10, 1969No. 68-1074PublishedCited by 10 opinions

1Opinion of the Court

LILES, WOODIE A., Associate Judge.

Plaintiff has appealed the dismissal of its motion for deficiency decree in a mortgage foreclosure suit. On motion by defendants, the trial judge denied plaintiff’s motion on the ground that plaintiff had failed to take any affirmative action for a period in excess of one year as required by Fla.R.Civ.P. 1.420(e), 30 F.S.A.

The dismissal must be reversed because plaintiff had resumed activity in this case before any action was taken to invoke the provisions of Fla.R.Civ.P. 1.420(e). On May 16, 1967, a mandate of this court was filed in the lower court. No…

2Cases cited4 opinions

  1. Pollock v. PollackSupreme Court of Florida · 1959
  2. Knowles v. GilbertDistrict Court of Appeal of Florida · 1968
  3. Beigel v. SimonDistrict Court of Appeal of Florida · 1968
  4. Passio v. CrowellDistrict Court of Appeal of Florida · 1968

3Cited by10 opinions

  1. Industrial Trucks of Florida v. GonzalezDistrict Court of Appeal of Florida · 1977
  2. Chrysler Leasing Corporation v. PassacantilliSupreme Court of Florida · 1972
  3. Overseas Development, Inc. v. Amerifirst Federal Savings & Loan Ass'nDistrict Court of Appeal of Florida · 1983
  4. Barnes v. ESCAMBIA CTY EMPLOYEES CUDistrict Court of Appeal of Florida · 1986
  5. City of Miami v. KatzDistrict Court of Appeal of Florida · 1986

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