UTSET v. CAMPOS

No. 87-3067.

548 So.2d 834 (1989)

Bernard M. UTSET, Jorge E. Utset, Camilo F. Utset, Manuel A. Utset, Maria Mercedes Utset De Escobar and Lillian Arca De Quintana, Appellants, v. Manuel Arca CAMPOS, Jr., et al., Appellees.

District Court of Appeal of Florida, Third District.

September 12, 1989.


Attorney(s) appearing for the Case

Bailey, Dawes & Hunt and William A. Fragetta, Miami, for appellants.

Mershon, Sawyer, Johnston, Dunwody & Cole and Stephen M. Corse, Miami, and Jack Shaw, Jacksonville, for appellees.

Before SCHWARTZ, C.J., and HUBBART and BASKIN, JJ.


HUBBART, Judge.

This is an appeal by the plaintiffs Bernard M. Utset and others from a final order which dismissed their action below as to seventeen of eighteen defendants on the basis of failure to prosecute under Fla.R. Civ.P. 1.420(e). The central question presented for review is where, as here, there has been record activity as to one defendant within one year prior to the filing of a motion to dismiss under Fla.R. Civ.P. 1.420(e), are the remaining unserved...

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