Mickens v. Damron

ALTENBERND, Judge.

Ronnie and Gloria J. Mickens appeal an order dismissing their lawsuit for failure to prosecute. Because dismissal was not appropriate under Florida Rule of Civil Procedure 1.420(e), we reverse.

This case arises out of a contract between Mr. and Mrs. Mickens and Alen Damron Construction Company to build a home on property owned by Mr. and Mrs. Mickens. At one point, a circuit court judge concluded that Alen Damron Construction Company committed fraud to procure a quitclaim deed of the property from Mr. and Mrs. Mickens and to encumber the property. The ensuing dispute led to…