CITY OF MIAMI v. KATZ

No. 85-2336.

498 So.2d 635 (1986)

CITY OF MIAMI, Appellant, v. Efraim KATZ d/b/a African Gem Cutters, Appellee.

District Court of Appeal of Florida, Third District.

December 9, 1986.


Attorney(s) appearing for the Case

Lucia A. Dougherty, City Atty., and Gisela Cardonne, Deputy City Atty., and Maria J. Chiaro, Asst. City Atty., for appellant.

Goldberg, Semet, Lickstein & Morgenstern and Paul S. Berger, for appellee.

Before SCHWARTZ, C.J., and NESBITT and FERGUSON, JJ.


FERGUSON, Judge.

The dispositive question is whether a trial court in the exercise of its discretion may deny a defendant's motion to dismiss a complaint, pursuant to Florida Rule of Civil Procedure 1.420(e) for failure to prosecute, where a hearing on the motion is not scheduled until seven months after filing the motion and where, in the interim, the plaintiff has actively prosecuted the claim through completion of discovery and setting the case for trial. We hold...

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