Opinion
No. 84-2499.
July 16, 1985. Rehearing Denied September 10, 1985.
Appeal from the Circuit Court, Dade County, David L. Levy, J.
Howard, Brawner, Lovett dePozsgay and Linton Lovett, Miami, for appellant.
Blackwell, Walker, Gray, Powers, Flick Hoehl and James E. Tribble and Todd A. Cowart, Miami, for appellee.
Before BARKDULL, BASKIN and JORGENSON, JJ.
We hold that a settlement with one plaintiff is record activity calculated to hasten a cause to resolution, and therefore it was error for the trial court to dismiss the cause as to a remaining plaintiff because of alleged nonactivity pursuant to Rule 1.420, Florida Rules of Civil Procedure. See and Compare Eastern Elevator, Inc., v. Page, 263 So.2d 218 (Fla. 1972); Nektaredes v. Sagonias, 432 So.2d 769 (Fla. 2d DCA 1983); Marschall v. Water-Boggan International, Inc., 401 So.2d 1157 (Fla. 3d DCA 1981); DeVaney v. Rumsch, 247 So.2d 69 (Fla. 1st DCA 1971).
The order under review dismissing the cause is reversed for further proceedings.
Reversed and remanded.