Juliano v. Allstate Insurance Co.

The Julianos, personal injury plaintiffs below, appeal a final judgment dismissing their complaint for lack of prosecution.

In 1995 the appellants filed suit against appellees to recover for injuries sustained in an automobile accident. On January 13, 1997, the appellants voluntarily dismissed the suit. Later the trial court granted appellees’ motion for costs and attorneys’ fees. On January 31, 1997, the appellants filed a new complaint against the appel-lees, arising from the same accident. Ap-pellee, Independent Fire Insurance (Independent), moved to stay the proceedings pending the…