Hahn v. First National Bank of Delray Beach

COBB, WARREN H., Associate Judge,

dissenting:

In this cause the trial court dismissed for lack of prosecution. Although it is not apparent from the face of the order or the final judgment of dismissal entered by the trial court, it is clear from the record, the briefs and oral argument of counsel that *347the dismissal was argued to, and considered by, the trial court on the basis of the inherent power of the court, acting as a matter of discretion, as opposed to a mandatory dismissal pursuant to Fla.R.Civ.P. 1.420(e).1 Therefore, this case should be reviewed from that perspective.

It is clear that…