Lucaya Beach Hotel Corp. v. MLT Management Corp.

The trial court dismissed this case for lack of prosecution when the last record activity was the filing of motions to dismiss and a motion for summary judgment. Because the trial court’s procedures prevented the parties from setting these motions for hearing, we conclude that the duty to proceed rested on the trial court, and dismissal for failure to prosecute is unavailable where the court’s procedures require the court, not the parties, to set the case for hearing.

Appellant/plaintiff filed a complaint alleging fraud against the defendants. After several amended complaints were filed, the…