Sampson v. Costco Wholesale by tam26166

VIEWS: 8 PAGES: 2

									NOT FINAL UNTIL TIME EXPIRES
TO FILE REHEARING MOTION
AND, IF FILED, DISPOSED OF.



                                 IN THE DISTRICT COURT OF APPEAL

                                 OF FLORIDA

                                 THIRD DISTRICT

                                 JULY TERM, A.D. 2001



SAMANTHA SAMPSON, et al.,   **

           Appellants,           **   CASE NO. 3D01-727

     vs.                         **   LOWER
                                      TRIBUNAL NO. 97-18312
COSTCO WHOLESALE CORP.,          **

           Appellee.             **


     Opinion filed July 25, 2001.

     An Appeal from the Circuit Court for Dade County, Amy N. Dean,
Judge.

     Samantha Sampson, in proper person.

     Pyszka, Blackmon, Levy, Mowers & Kelley and Phillip D. Blackmon
and Cindy J. Mishcon, for appellee.



Before JORGENSON, COPE, and GREEN, JJ.



     PER CURIAM.


     Samantha Sampson, plaintiff in a personal injury action below,

appeals from an order dismissing her complaint for lack of prosecution.
We affirm.

     In 1997, Ms. Sampson brought a negligence action against Costco,

alleging that in 1994 she slipped and fell while shopping, and suffered

substantial injuries.    In February 2001, pursuant to Fla. R. Civ. P.

1.420(e), Costco filed a Motion to Dismiss for Lack of Prosecution,

alleging that the last record activity in the case occurred on January

5, 2000.     Costco also filed a Notice of Hearing for the motion to be

heard on February 15, 2001.   Costco served copies of the motion and the

notice of hearing on three attorneys for Ms. Sampson--her current

counsel of record, and two lawyers who were no longer counsel of

record.     Costco also sent Ms. Sampson copies; those were returned

marked "unclaimed."

     Ms. Sampson's attorney appeared at the hearing via telephone. The

trial court granted Costco's motion and dismissed the action.         We

affirm the dismissal, as no record activity occurred for over one year,

and there is no showing of good cause for the lack of such record

activity.     See National Enters., Inc. v. Foodtech Hialeah, Inc., 777

So. 2d 1191 (Fla. 3d DCA 2001).

     AFFIRMED.




                                   -2-

								
To top