Bay Park Towers Condominium Ass'n v. Triple M. Roofing Corp.

This is an appeal from an order granting appellee Triple M. Roofing, Corp.’s motion to dismiss for lack of prosecution. Because there was record activity, we reverse.

Triple M. Roofing first points out that this is not a final, appealable order. Appellate courts have uniformly treated a dismissal for lack of prosecution as a final order for purposes of appeal. See, e.g., Fox v. Playa Del Sol Ass’n, 446 So.2d 126, 126 n. 1 (Fla. 4th DCA 1983)

Triple M. Roofing’s second argument, that the order of dismissal for failure to prosecute did not constitute an abuse of discretion because the case was…