Lamberto v. Artime

Full title: BRUCE LAMBERTO, APPELLANT, v. GEORGE ARTIME, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: May 1, 1996

672 So. 2d 886 (Fla. Dist. Ct. App. 1996)

Opinion

No. 95-1474.

May 1, 1996.

An Appeal from the Circuit Court for Dade County; Roger Silver and Murray Goldman, Judges.

Michael Lechtman, Miami Beach, for appellant.

Wolpe Leibowitz and Bradley H. Trushin, Miami, for appellee.

Before SCHWARTZ, C.J., and LEVY and GODERICH, JJ.

PER CURIAM.

The judgment for the appellee-plaintiff under review is reversed because no good cause — by way of cognizable non-record activity or otherwise — was demonstrated to justify the failure of the predecessor trial judge to dismiss the case under Florida Rule of Civil Procedure 1.420 (e) after a period of more than one year had elapsed without record activity. Public Health Trust v. Diaz, 529 So.2d 682 (Fla. 1988); Tosar v. Sladek, 393 So.2d 61 (Fla. 3d DCA 1981); F.M.C. Corp. v. Chatman, 368 So.2d 1307 (Fla. 4th DCA 1979), cert. denied, 379 So.2d 203 (Fla. 1979); Dade County v. Moreno, 227 So.2d 548 (Fla. 3d DCA 1969).