Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
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

CLAUDE W. WELLS, APPELLANT, v. CARL E. VAN ARNAM, M.D., AND AETNA CASUALTY AND SURETY COMPANY A/K/A AETNA LIFE AND CASUALTY COMPANY, A CONNECTICUT CORPORATION, APPELLEES.

PER CURIAM.

Affirmed. The "action" contemplated by Florida Rule of Civil Procedure 1.420(e), 30 F.S.A., in prosecuting a case of necessity involves actions which result in contact by one party with the opposing party or the court. A party cannot for a year involve himself solely in the preparation of a case, never initiate any action with the opposing party and then argue that the case should not be dismissed as he, without the participation of the opposing counsel or the court, has been contacting witnesses, researching the case or planning trial strategy. See Adams Engineering Company v. Construction Products Corporation, 156 So.2d 497 (Fla. 1963); Eastern Elevator, Inc. v. Page, 263 So.2d 218 (Fla. 1972); and Musselman Steel Fabricators, Inc. v. Radziwon, 263 So.2d 221 (Fla. 1972).

RAWLS, Acting C.J., JOHNSON, J., and NESBITT, JOSEPH, Associate Judge, concur.

Use AI to get other relevant cases.

Comments

WELLS v. VAN ARNAM
(Jan 9, 1973)