Estate of Mills v. Florida Insurance Guaranty Ass'n

The plaintiff estate appeals an order dismissing its complaint for failure to prosecute entered pursuant to Fla.R.Civ.P. 1.420(e). We reverse upon a holding that a prior order of the court misled the plaintiff to believe that further proceedings in the instant cause were not necessary until the determination of a prior cause. Cf. Kuhlman v. Travelers Indemnity Company, 344 So.2d 941 (Fla.3d DCA 1977).

The court first noticed this cause for dismissal pursuant to Rule 1.420(e) in October of 1977. After hearing on December 7, 1977, the trial judge denied the motion to dismiss upon the basis that…