Legal Opinion
Milu, Inc. v. Duke
District Court of Appeal of Florida
Decided December 7, 1971No. 71-368PublishedCited by 7 opinions
1Per curiam
Plaintiff appeals from an order of the trial court dismissing his cause of action for want of prosecution, pursuant to the provisions of Rule 1.420(e), R.C.P., 30 F.S. A.
It is apparent from the record that action had been taken within one year by the plaintiff. This action was in the nature of filing a notice of hearing, which was held sufficient to constitute affirmative action by a plaintiff. Scarlett v. Frederick, 147 Fla. 407, 3 So.2d 165; City of Miami v. Railway Express Agency, Inc., Fla.App. 1962, 141 So.2d 285; Knowles v. Gilbert, Fla.App.1968, 208 So.2d 660. Therefore, we find that…
2Cases cited7 opinions
- Scarlett v. FrederickSupreme Court of Florida · 1941
- Popkin v. CrispenDistrict Court of Appeal of Florida · 1968
- Reddish v. ForlinesDistrict Court of Appeal of Florida · 1968
- Shalabey v. Memorial Hospital of the South Broward Hospital DistrictDistrict Court of Appeal of Florida · 1971
- City of Miami v. Railway Express Agency, Inc.District Court of Appeal of Florida · 1962
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Nelson v. Stonewall Ins. Co.District Court of Appeal of Florida · 1983
- Wilson v. FreelandMississippi Supreme Court · 2000
- Kenet v. SteinDistrict Court of Appeal of Florida · 1976
- Guidry v. Pine Hills Country Club, Inc.Court of Appeals of Mississippi · 2003
- Thomas v. PERSONAL REP. OF ESTATE OF DeLOACHDistrict Court of Appeal of Florida · 1981
2 more not listed; retrieve them via the Exa API.