Legal Opinion

Barton Realty, Inc. v. Lopez

District Court of Appeal of Florida

Decided April 14, 2004No. 3D03-2761Published

1Opinion of the CourtRamirez, J.

The plaintiff, Barton Realty, Inc., appeals from an order dismissing the case for lack of prosecution pursuant to rule 1.420(e), Florida Rules of Civil Procedure. Because we conclude that the plaintiff failed to show good cause as to why the action should remain pending, we affirm.

It is undisputed that no record activity in the cause took place for a period of one year. Plaintiff argues, however, that there was good cause to maintain the case pending because there was a third-party complaint filed, which was not at issue. We stated in CPI Mfg. Co., Inc. v. Industrias St. Jack’s, S.A. De C.V.,…

2Cases cited2 opinions

  1. CPI Mfg. Co. v. Industrias St. Jack's, SADistrict Court of Appeal of Florida · 2003
  2. Shaw & Keeter Motor Co. v. Maris Distributing Co.District Court of Appeal of Florida · 1981

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