Warner v. Winner

This suit on a promissory note was filed against appellee on March 6, 1978 in the Circuit Court of Monroe County, Florida. The controlling point on appeal is whether the trial court erred in dismissing this cause of action for want of prosecution.

On July 9, 1979, appellee’s pleadings were stricken and a default was entered against him. A non-jury trial was held on March 5, 1980. The appellant was not able to produce the promissory note so the trial judge recessed the trial, ruling that judgment on the default would not be entered unless the note was produced and offered in evidence. No date…