City of West Palm Beach v. Widell Associates, Inc.

SALFI, DOMINICK J., Associate Judge

(dissenting)

The facts, as set forth by my colleagues, are accurate. I take issue with the conclusion reached. Rule 1.420(e) RCP is designed to place the responsibility for the moving of civil litigation upon the parties (usually the plaintiff) and the courts of Florida have placed a very literal interpretation upon the application of this rule to the extent of removing the discretion from the trial judge where no written showing of good cause is made within five days prior to the hearing. Leithauser v. Harrison, Fla.App.1968, 206 So.2d 222, cert. denied,…