DEL DUCA v. ANTHONY

No. 75756.

587 So.2d 1306 (1991)

Michael DEL DUCA, et al., Petitioners, v. Paul E. ANTHONY, etc., Respondent.

Supreme Court of Florida.

October 24, 1991.


Attorney(s) appearing for the Case

John W. MacKay, Tampa, Florida; and Robert E. Doyle, Jr. of Asbell, Hains, Doyle & Pickworth, P.A., Naples, for petitioners.

Robert Alan Rosenblatt of the Law Offices of Robert Alan Rosenblatt, P.A., Miami, for respondent.


OVERTON, Justice.

Petitioners seek review of Anthony v. Schmitt, 557 So.2d 656 (Fla.2d DCA 1990), in which the district court held that the trial court erroneously dismissed the cause for lack of prosecution because discovery, timely filed by the plaintiff, was not in bad faith and would move the case forward. We find, as acknowledged by the district court, that there is conflict among the districts with regard to the test...

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