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Driscoll v. Sharp

District Court of Appeal of Florida, Second District
Dec 31, 1997
711 So. 2d 573 (Fla. Dist. Ct. App. 1997)

Opinion

No. 97-01842.

December 31, 1997.

Appeal from the Circuit Court of Pinellas County, David A. Demers, Judge.

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 descretion.

Reversed and remanded for further proceedings.

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


Summaries of

Driscoll v. Sharp

District Court of Appeal of Florida, Second District
Dec 31, 1997
711 So. 2d 573 (Fla. Dist. Ct. App. 1997)
Case details for

Driscoll v. Sharp

Case Details

Full title:Dan D. DRISCOLL, Appellant, v. David A. SHARP, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Dec 31, 1997

Citations

711 So. 2d 573 (Fla. Dist. Ct. App. 1997)

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