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Torres v. Gomez

District Court of Appeal of Florida, Third District
Nov 20, 1996
683 So. 2d 190 (Fla. Dist. Ct. App. 1996)

Summary

holding evidentiary hearing required to determine whether non-record activity constituted good cause to prevent dismissal for failure to prosecute

Summary of this case from Librun v. Griffis

Opinion

No. 96-352.

November 20, 1996.

An Appeal from the Circuit Court for Dade County, Ronald Friedman, Judge.

Nashid Sabir, Miami, for appellant.

Elizabeth Gomez and Alice Cassidy Dowall, in proper person.

Before SCHWARTZ, C.J., and GERSTEN and SHEVIN, JJ.


Appellant, Gloria Torres, appeals dismissal of her action for failure to prosecute pursuant to Florida Rule of Civil Procedure 1.420(e). We reverse.

Non-record activity may, in some cases, constitute good cause to prevent dismissal for failure to prosecute. Barnes v. Ross, 386 So.2d 812 (Fla. 3d DCA 1980). However, there must be a finding of good cause before dismissal is appropriate. American E. Corp. v. Henry Blanton, Inc., 382 So.2d 863 (Fla. 2d DCA 1980). Thus, we reverse and remand for an evidentiary hearing to determine whether good cause exists to defeat dismissal of this action. See Lakeside Regent, Inc. v. Cohen, Scherer Cohn, P.A., 642 So.2d 148 (Fla. 4th DCA 1994); Bruns v. Jones, 481 So.2d 544 (Fla. 5th DCA 1986).

Reversed and remanded with instructions.


Summaries of

Torres v. Gomez

District Court of Appeal of Florida, Third District
Nov 20, 1996
683 So. 2d 190 (Fla. Dist. Ct. App. 1996)

holding evidentiary hearing required to determine whether non-record activity constituted good cause to prevent dismissal for failure to prosecute

Summary of this case from Librun v. Griffis
Case details for

Torres v. Gomez

Case Details

Full title:Gloria TORRES, Appellant, v. Elizabeth GOMEZ, Alice Cassidy Dowall, et…

Court:District Court of Appeal of Florida, Third District

Date published: Nov 20, 1996

Citations

683 So. 2d 190 (Fla. Dist. Ct. App. 1996)

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