TOSAR v. SLADEK

No. 80-738.

393 So.2d 61 (1981)

Lillian C. TOSAR, Individually and As Personal Representative of the Estate of Pedro P. Castillo, Deceased, Appellant, v. Joseph L. SLADEK, Appellee.

District Court of Appeal of Florida, Third District.

February 3, 1981.


Attorney(s) appearing for the Case

Carlos Lidsky, Coral Gables, and Linda L. Furman, Miami, and Neil I. Maryanoff, Coral Gables, for appellant.

Talburt, Kubicki & Bradley and Betsy E. Hartley, Miami, for appellee.

Before HENDRY, NESBITT and FERGUSON, JJ.


NESBITT, Judge.

This appeal presents the question of whether nonrecord activity is sufficient to show good cause for the denial of a motion to dismiss for failure to prosecute pursuant to Florida Rule of Civil Procedure 1.420(e). The trial court found that it is not and we must agree.

It is now settled that the purpose of amending Florida Rule of Civil Procedure 1.420(e) effective January 1, 1977 was to preclude nonrecord activity as a basis for the denial...

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