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INDUSTRIAL TRUCKS OF FLORIDA v. GONZALEZ

Nos. 77-1044, 77-1065 and 77-1144.

351 So.2d 744 (1977)

INDUSTRIAL TRUCKS OF FLORIDA, INC., Allis-Chalmers Corporation, Ernest Williams, Royal Crown Cola Company and Hartford Accident & Indemnity Company, Appellants, v. Roberto GONZALEZ, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 30, 1977.

Attorney(s) appearing for the Case

Goodwin, Ryskamp, Welcher & Carrier and Kenneth L. Ryskamp, Miami, for Industrial Trucks.

Knight, Peters, Pickle, Niemoeller & Flynn, Jeanne Heyward, Miami, for Allis-Chalmers.

Wicker, Smith, Blomqvist, Davant, McMath, Tutan & O'Hara and Kenneth J. Smith, Miami, for Williams, Royal Crown and Hartford, appellants.

Kaplan, Dorsey, Sicking & Hessen and Joseph Segor, Miami, for appellee.

Before HENDRY, C.J., and HUBBART and KEHOE, JJ.

HUBBART, Judge.

This is an interlocutory appeal taken from an order denying a motion to dismiss for lack of prosecution under Fla.R.Civ.P. 1.420(e).

The sole issue presented for review is whether a plaintiff waives the implied notice requirement for a hearing on an adverse motion to dismiss for lack of prosecution under Fla.R.Civ.P. 1.420(e) when he files in writing at the time of said hearing his alleged good cause why the action should remain pending. We...

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