Berger v. Penia

SCHOONOVER, Chief Judge.

The appellant, Paul S. Berger, challenges a final judgment dismissing his action against the appellee, Henry L. Penia, for failure to prosecute. We reverse.

On February 12, 1986, the appellant filed an action in Dade County, Florida, seeking to recover attorney’s fees from the appel-lee. In 1988, one of the appellee’s many motions to transfer venue to Hillsborough County was granted. The case was transferred to Hillsborough County and assigned case number 88-16355. The appel-lee then filed a motion seeking to consolidate another action pending in Hillsbor-ough County,…