Little v. Sullivan

I respectfully dissent from the opinion and conclusions reached by the majority in this case.

I would reverse the judgment and remand the cause for the entry of an order dismissing the action for failure to prosecute. § 45.19, Fla.Stat., F.S.A.

The majority opinion has fairly stated the factual basis that led up to the reinstatement of the action after its prior dismissal for failure to prosecute. On the question of reinstatement, the majority seemingly concluded that “good cause” was evident from the fact that appellee’s former counsel had moved away from the county and the successor counsel,…