Vitolo v. Sabers
District Court of Appeal of Florida
1Concurrence
. FARMER, Judge,
specially concurring.
Petitioner seeks certiorari review of an order denying her motion to dismiss for lack of prosecution. Her petition shows that in August 1989 respondent served a notice for trial which was stricken by the trial court, apparently because certain named but unserved defendants had not *924responded to the complaint.1 Again in August 1990 respondent served another notice for trial with the same result.
In Mikos v. Sarasota Cattle Co., 453 So.2d 402 (Fla.1984), the court held that the service of a notice for trial is sufficient record activity to preclude a dismissal…
2Cases cited2 opinions
- Mikos v. Sarasota Cattle Co.Supreme Court of Florida · 1984
- Alech v. General Ins. Co.District Court of Appeal of Florida · 1986