Shaw & Keeter Motor Co. v. Maris Distributing Co.

JOANOS, Judge.

This appeal results from the trial court’s dismissal of appellant’s complaint for failure to prosecute. Appellant argues that there was sufficient record activity during the year preceding appellee’s motion to dismiss to preclude dismissal under Fla.R.Civ.P. 1.420. We agree and reverse.

On June 7, 1977, appellant filed a complaint against appellee to recover for work performed on appellee’s trucks. Over the next two years, the complaint was amended several times, appellee filed an answer, discovery took place, and summary judgment was denied. Also during this period of time,…