Summary
In Perez v. Cohen, 362 So.2d 985 (Fla. 3d DCA), cert. denied, 365 So.2d 710 (Fla. 1978), the court stated that participation in an appeal of a related case does not constitute good cause and cannot be used to avoid a dismissal for failure to prosecute.
Summary of this case from Palokonis v. EGR Enterprises, Inc.Opinion
Nos. 77-350, 77-351.
September 19, 1978. Rehearing Denied October 20, 1978.
Appeal from the Circuit Court, Dade County, Donald E. Stone, J.
Magill, Sevier Reid and Victor H. Womack, Miami, for appellants.
John Carruthers, II, Jeanne Heyward, Miami, for appellees.
Before HENDRY, HUBBART and KEHOE, JJ.
Appellants, plaintiffs below, bring these consolidated appeals from orders dismissing their complaints for failure to prosecute and orders denying their motions to set aside the orders of default. We affirm.
It is undisputed by the parties that there was no record activity in the respective causes for a one year period. However, appellants contend that, pursuant to Florida Rule Civil Procedure 1.420(e), there was action "otherwise" in the causes, by their participating in another appeal related to these causes, which precluded the trial court from properly dismissing their complaints for failure to prosecute. We hold, as the trial court found, that this other activity was insufficient to avoid the imposition of the sanctions order by the trial court. Fla.R.Civ.P. 1.420(e). Accordingly, the orders appealed are affirmed.
Affirmed.