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Classical Financial Services, L.L.C. v. G2 Resources, Inc.
Citations: 898 So. 2d 251; 2005 Fla. App. LEXIS 3553; 2005 WL 602517Docket: No. 4D04-1119
Court: District Court of Appeal of Florida; March 15, 2005; Florida; State Appellate Court
The trial court dismissed the plaintiff's lawsuit for failure to prosecute under Rule 1.420(e). The plaintiff contended that this dismissal was an abuse of discretion due to the chief manager's cancer during the period of inactivity, which they argued constituted good cause. The lawsuit was initiated in February 1998, but after the manager, Dennis Terhune, failed to appear for a deposition in February 2002, he submitted an affidavit in July 2002 citing aggressive cancer treatment as the reason for his absence. Terhune was eventually deposed in August 2002, and there were no relevant actions taken until the defendants filed a motion to dismiss in February 2004, noting a lack of activity for sixteen months. At the dismissal hearing, the trial court found that Terhune's 2002 affidavit did not sufficiently demonstrate good cause to prevent dismissal. The plaintiff subsequently filed a motion for rehearing, including a new affidavit from Terhune stating that his health had deteriorated, making him unable to assist new counsel. The trial court denied this rehearing motion. The plaintiff's initial brief indicated that they were seeking damages exceeding $2 million due to financing provided to the defendant, but Terhune's illness had led to a default on a significant loan, resulting in management being taken over by Cash Flow Management. The plaintiff cited *Chrysler Leasing Corp. v. Passacantilli*, where illness was deemed an adequate justification for delays; however, that case was distinguishable as it involved the plaintiff's personal illness and a trial court's prior authorization for delay. The court noted that while illness can sometimes excuse delays in litigation, it was Terhune, as the company’s manager, who was ill, not the client. The affidavits provided lacked sufficient detail to clarify why no prosecution occurred for sixteen months prior to dismissal. Ultimately, the court determined that the trial court did not abuse its discretion in finding that good cause was not established. The dismissal was affirmed, with Judges Gross and May concurring.