RUDOLPH v. CHASE

No. 84-521.

468 So.2d 494 (1985)

Lester F. RUDOLPH, Appellant, v. Robert H. CHASE, et al., Appellee.

District Court of Appeal of Florida, Fifth District.

May 9, 1985.


Attorney(s) appearing for the Case

Mark L. Horwitz of Mark L. Horwitz, P.A., Orlando, for appellant.

Frank Murphy of Landis, Graham, French, Husfeld, Sherman & Ford, Daytona Beach, for appellee American Home Assur. Co.

Carey N. Bos of Rogers, Dowling & Bos, Orlando, for appellee Anthony Mucci.

Michael A. Estes of Woolfolk & Estes, P.A., Orlando, for appellee Reserve Ins. Co.

Frederick J. Daniels of Driscoll, Langston, Kane & Hess, Orlando, for appellee William Zimmerman.

Michael A. Miller of Walker, Buckmaster, Miller & Ketcham, P.A., Orlando, for appellee Robert H. Chase.


DAUKSCH, Judge.

This is an appeal from an order dismissing a case for failure to prosecute. Rule 1.420(e), Fla.R.Civ.P.

It is correct that appellant failed to prosecute his case in a timely fashion as required by the rules of civil procedure and he failed to show any good cause for his delinquency. But it is also clear that he was not under the usual obligation to proceed because his case had been abated and removed from the active case docket, by order of...

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