Hersey v. Batchelor

ORFINGER, Chief Judge.

The narrow issue presented by this appeal is whether an opinion and mandate of an appellate court, when filed in the trial court, constitutes record activity so as to preclude a dismissal of the action for lack of prosecution under Florida Rule of Civil Procedure 1.420(e) (1980).1 The trial court dismissed the action, notwithstanding the filing in the trial court of the opinion and mandate of this court resulting from an earlier appeal within the one-year period immediately prior to the filing of the motion to dismiss. We reverse.

The filing of the opinion and mandate of…