205 So. 2d 695

Gerald LAUG and Kenneth W. London, Appellants, v. John MURPHY, Appellee.

No. 781.

District Court of Appeal of Florida. Fourth District.

Jan. 17, 1968.

*696James E. Edwards, Fort Lauderdale, for appellants.

John D. Kruse, Fort Lauderdale, for ap-pellee.

WALDEN, Chief Judge.

Defendants appeal a final judgment in favor of plaintiff, John Murphy.

Murphy first filed his suit in 1961. On November 12, 1963, the court denied plaintiff’s motion for summary judgment. Nothing further was done in the case throughout all of 1964, and on January 19, 1965, the court dismissed the case for want of prosecution pursuant to F.S.1963, Section 45.19 (1), F.S.A.1

Within 30 days plaintiff filed an un-sworn petition for reinstatement which alleged :

“1. The parties have brought this cause to the point to be set for trial.
“2. The case has not been settled.
“3. The summary dismissal of this suit will cause a severe hardship against the plaintiff.
“4. The parties have been negotiating through their attorneys in an effort to settle the differences on various occasions, but to date have not come to a satisfactory settlement.”

*697The trial court reinstated the case, which then proceeded to trial. Judgment was entered against defendants for $4,312.50 and against defendant London for $1,915.32. We reverse.

Certainly the standard of “good cause” required for reinstatement under Section 45.19 requires the exercise of sound judicial discretion. But this is not an arbitrary or unrestrained discretion.2

The necessary good cause must appear by the petition for reinstatement,3 and must be established by evidentiary support.4

Neither the fact that a case is ready to be set for trial,5 the fact that the dismissal will cause severe hardship,6 nor the fact that the parties have unsuccessfully negotiated for settlement,7 constitutes good cause for reinstatement within the intendment of F.S.1963, Section 45.19(1), F.S.A. Further, the remaining allegation that the case has not been settled is non persuasive as such is the status of every dismissed case where reinstatement is sought.

Thus, we hold that plaintiff’s grounds for reinstatement are insufficient as a matter of law and that the trial court abused its discretion in reinstating this cause.8 Accordingly, the judgment in favor of plaintiff is reversed with instructions to the trial court to dismiss this easel

Reversed.

McCAIN and REED, JJ., concur.

Laug v. Murphy
205 So. 2d 695

Case Details

Name
Laug v. Murphy
Decision Date
Jan 17, 1968
Citations

205 So. 2d 695

Jurisdiction
Florida

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