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WELLS v. VAN ARNAM

No. R-122.

271 So.2d 186 (1973)

Claude W. WELLS, Appellant, v. Carl E. VAN ARNAM, M.D., and Aetna Casualty and Surety Company a/K/a Aetna Life and Casualty Company, a Connecticut Corporation, Appellees.

District Court of Appeal of Florida, First District.

January 9, 1973.

Attorney(s) appearing for the Case

Lansing J. Roy, of Canto, Salter & Roy, Gainesville, for appellant.

Joe C. Willcox, of Dell, Graham, Willcox, Barber, Rappenecker & Ryals, P.A., Gainesville, for appellees.

PER CURIAM.

Affirmed. The "action" contemplated by Florida Rule of Civil Procedure 1.420(e), 30 F.S.A., in prosecuting a case of necessity involves actions which result in contact by one party with the opposing party or the court. A party cannot for a year involve himself solely in the preparation of a case, never initiate any action with the opposing party and then argue that the case should not be dismissed as he, without the participation of the opposing counsel...

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