Mitchell v. Coker Fuel Inc.

CAMPBELL, Acting Chief Judge.

This is an appeal from an order of the trial court that dismissed appellants’ action below against appellees for lack of prosecution pursuant to Florida Rule of Civil Procedure 1.420(e). We reverse.

The parties agree that there was record activity on August 1, 1985, and none thereafter until August 11, 1986. On August 11, 1986, at 7:12 a.m., there were simultaneous filings by the parties. Appellants filed a notice for trial and appellees filed a motion to dismiss for failure to prosecute. The trial judge relying on Carter v. DeCarion, 400 So.2d 521 (Fla. 3d DCA…