Artime v. Brotman

Jorge Artime appeals the dismissal of his cause of action for lack of prosecution. Because we conclude that the operative event is the filing of the motion to dismiss for lack of prosecution, we reverse the trial court’s dismissal.

In 1989, attorney Marc C. Brotman filed a lawsuit on Artime’s behalf against Bruce Lamberto and others, and obtained a jury verdict for $32,000 with interest. The trial court entered final judgment on April 24, 1995 in Artime’s favor against Lamberto. This Court reversed, holding that Artime had failed to demonstrate record activity in the lawsuit for more than a…