Breeding v. Yellow Cab Co. of St. Petersburg

CAMPBELL, Judge.

Appellants appeal the dismissal of their personal injury action for failure to prosecute and the denial of their motion for rehearing and motion for relief pursuant to Florida Rule of Civil Procedure 1.540(b). We reverse.

Appellants’ original complaint was given case number 82-7930-13 in the trial court. That case was dismissed for failure to prosecute on August 22, 1984, and costs were assessed in favor of appellees. Appellants refiled their complaint on October 8, 1984, and that complaint was assigned case number 84-12439-11 in the trial court. Appel-lees then filed a motion…