Dubow v. Acree

Robert E. Dubow, as Successor Trustee of the American Land and Mortgage Trust Number 1119, dated December 9, 2005; and Stephen D. Vaughan challenge the circuit court’s order dismissing their action for lack of prosecution under Florida Rule of Civil Procedure 1.420(e) and a subsequent order denying their motion to vacate the prior order and for rehearing. We find no error in the dismissal of the case for lack of prosecution or the later order denying the motion to vacate and for rehearing. Nevertheless, the circuit court should not have dismissed the action -with prejudice.

A dismissal for…