Kaufman v. Schwartz

The Appellant, Arthur Kaufman (the “Plaintiff’), appeals the dismissal of his case for failure to prosecute, arguing the trial court abused its discretion in dismissing the case because an order staying the proceedings had been entered. We agree and reverse and remand.

In 1997, the Plaintiff filed a three-count amended complaint against the Appellees, Kenneth Schwartz and his law firm, Osher-ow & Schwartz, P.A., (the “Defendants”). Thereafter, the Defendants filed a motion for summary judgment with regard to count III of the complaint. In July 1998, the Plaintiff filed a motion for abatement,…