Lake Crescent Development Corp. v. Flowers

BOOTH, Judge.

This cause is before the Court on interlocutory appeal from the order of the Circuit Court, Alachua County, denying Defendant’s ' motion to dismiss the complaint for lack of prosecution under Rule 1.420(e), Florida Rules of Civil Procedure.

Complaint was filed on an account stated and Defendant responded with a counterclaim seeking damages in excess of the damages claimed by the Plaintiffs. Plaintiffs’ motion for summary judgment was denied September 2, 1976. No further action of record was taken on either the complaint or the counter-claim for one year and four days until…