Legal Opinion

DRD Marine Corp. v. Byrd Technologies, Inc.

District Court of Appeal of Florida

Decided January 18, 2012No. 4D10-4773PublishedCited by 3 opinions

1Opinion of the CourtGerber, J.

The plaintiff appeals: (1) the circuit court’s July 17, 2006 “Directions to the Clerk” to close the file because of the lack of record activity; and (2) the circuit court’s October 25, 2010 order granting the defendant’s motion to dismiss for failure to prosecute. The plaintiff argues that the court entered the directions and the order contrary to Florida Rule of Civil Procedure 1.420(e), as amended effective January 1, 2006. In re Amendments to the Florida Rules of Civil Procedure (Two Year Cycle), 917 So.2d 176, 176 (Fla.2005). We agree and reverse both the directions and the order.

Rule…

2Cases cited9 opinions

  1. Dade Cty. Sch. Bd. v. Radio Station WQBASupreme Court of Florida · 1999
  2. Bueno v. WorkmanDistrict Court of Appeal of Florida · 2009
  3. Chemrock Corp. v. Tampa Electric Co.Supreme Court of Florida · 2011
  4. In Re Amendments to Fl. Rules of Civ. Proc.Supreme Court of Florida · 2005
  5. Metcalfe v. LeeDistrict Court of Appeal of Florida · 2007

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3Cited by3 opinions

  1. HSBC Bank USA, N.A. v. Gordon CochraneDistrict Court of Appeal of Florida · 2015
  2. CHERYL PEEPLES, AS PARENT AND NATURAL GUARDIAN OF ARIAN PEEPLES vs CARLTON PALMS EDUCATIONAL CENTER, INC., GRACES SUPPORT SERVICES, LLC, DISABILITY RIGHTS FLORIDA, INC., AND BELLWETHER BEHAVIORAL FLORIDA MANAGEMENT CORP.District Court of Appeal of Florida · 2023
  3. LIFETIME GUARANTEE ADMINISTRATORS, LLC and JOSEPH REGAN v. MITCHELL KAMINSKEYDistrict Court of Appeal of Florida · 2019

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