Boosinger v. Davis

KHOUZAM, Judge.

Richard Boosinger and Brenda Barde-lang, his wife, appeal an order denying their motion for relief from a final order of dismissal and for reinstatement of their cause of action. We reverse.

In September 2008, the trial court clerk of court generated a “notice of lack of prosecution” and a “motion to dismiss for lack of prosecution and notice of hearing” in Mr. Boosinger’s and Ms. Bardelang’s case pursuant to Florida Rule of Civil Procedure 1.420(e). After sixty days had elapsed, the trial court entered an order dismissing the action for lack of prosecution. Within thirty days…