AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

ROBERTO ORTIZ, APPELLANT, v. BISCAYNE MEDICAL CENTER, INC. AND EMERGENCY PHYSICIAN ASSOCIATES, P.A., APPELLEES.

BASKIN, Judge.

Roberto Ortiz, plaintiff in the medical malpractice action below, appeals an order dismissing the cause for lack of prosecution. We reverse.

On May 29, 1979, the defendants, appellees herein, filed a motion to dismiss for lack of prosecution, claiming that no activity had occurred in the case for a period of one year. The record discloses, however, that this court, by order dated June 29, 1978, and filed in the circuit court on August 18, 1978, denied a petition for writ of common law certiorari.

The order of this court which denied the petition for writ of certiorari and was filed in the circuit court is record activity within the meaning of Rule 1.420(e), Florida Rules of Civil Procedure. See Brennan v. Ryter, 339 So.2d 661 (Fla. 1st DCA 1976). Less than a year elapsed between the recording of this court's order and the motion to dismiss. "Mere inaction for a period of less than one year shall not be sufficient cause for dismissal for failure to prosecute." Fla.R.Civ.P. 1.420(e).

The order of dismissal is therefore reversed and the cause remanded for further proceedings.

Use AI to get other relevant cases.

Comments

ORTIZ v. BISCAYNE MEDICAL CENTER
(Jul 8, 1980)