Blythe v. James Lock & Co.

The instant appeal stems from the trial court’s dismissal of the plaintiffs products liability suit for failure to prosecute, pursuant to Florida Rule of Civil Procedure 1.420(e). The plaintiff argued that the approximate 13-month period of record inactivity was due to his search for a no longer manufactured and hard-to-find polo helmet which was to be used in destructive testing by his expert. The trial judge agreed that the reason for the record inactivity was legitimate, but found that since plaintiff could not demonstrate that he had contact with the opposing party during the period of…