Ezell v. Century 21 of the Southeast, Inc.

GOSHORN, Chief Judge.

Melvin Ezell appeals from the trial court’s final judgment of dismissal of his case alleging breach of a fiduciary duty and fraud against Century 21 of the Southeast, Inc. (Century 21). Ezell argues that the trial court erred by dismissing Ezell’s cause of action for lack of prosecution pursuant to Florida Rule of Civil Procedure 1.420(e). We affirm.

The complaint in this case was filed on November 12, 1986. The record shows that the only record activity within the one year period preceding Century 21’s motion to dismiss was a motion for summary judgment filed by Ezell on…