Malka v. Lawrence (690 So. 2d 649, 1997)

Florida District Court of Appeal 1997-03-12

Citations

Full opinion text

PER CURIAM.

Because, within the one-year period prior to dismissal, the plaintiff filed and served requests for admissions as to genuine issues in the case which had been disputed in the pleadings, the trial court erred in dismissing the cause for lack of prosecution under Florida Rule of Civil Procedure 1.420(e). See Del Duca v. Anthony, 587 So.2d 1306 (Fla.1991).

Reversed.