City of West Palm Beach v. Widell Associates, Inc.

OWEN, Judge.

The order appealed, which dismissed appellant’s action for lack of prosecution pursuant to Rule 1.420(e) RCP, 30 F.S.A., is reversed.

Circuit Judge James C. Downey had entered an order setting the case for trial before the court commencing on March 23, 1970, with two and one-half days alloted because of the complexity of the case. A few days before the scheduled trial date the parties stipulated to a continuance, whereupon the court entered its order dated March 19, 1970, continuing the case “. . . until such time as is mutually agreeable to the court and respective counsel for the…