DRISCOLL v. SHARP (1997)

District Court of Appeal of Florida,Second District.

Dan D. DRISCOLL, Appellant, v. David A. SHARP, Appellee.

No. 97-01842.

Decided: December 31, 1997

Dan D. Driscoll, St. Petersburg, Appellant pro se. Nicholas L. Ottaviano, Clearwater, for Appellee.

Dan Driscoll challenges the circuit court's order dismissing his legal malpractice action for lack of prosecution. The order suggested that the court believed it lacked discretion in the matter. That is not so. Whether a party has shown good cause to avoid dismissal for lack of prosecution is a decision committed to the sound discretion of the court. See Edgecumbe v. American General Corp., 613 So.2d 123 (Fla. 1st DCA 1993). Therefore, we reverse and remand for the circuit court to reconsider its decision in light of its discretion.

Reversed and remanded for further proceedings.

NORTHCUTT, Judge.

BLUE, A.C.J., and FICARROTTA, GASPER, J., Associate Judge, concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network