Megdell v. Adeff

PEARSON, Judge.

The appellant who was the plaintiff in the trial court appeals an order dismissing his cause of action for failure to prosecute pursuant to rule 1.420(e), RCP, 30 F.S.A. The action was brought in January of 1970, and after an amended complaint and answer thereto the plaintiff noticed the cause for trial. On February 10, 1971, the trial judge entered an order setting the case for jury trial for the period commencing the week of December 13, 1971. The case, however, was not tried at that time. Thereafter, pursuant to a joint motion of the parties, there was a substitution of the…