Biscayne Awning & Shade Co. v. Miami Beach Awning Co.

Biscayne Awning & Shade Company appeals an order dismissing its amended complaint for failure to prosecute. We reverse.

Biscayne brought suit against several defendants. A summary judgment was entered in favor of defendant Robert M. Reilly. Thereafter, Reilly moved for attorney’s fees and costs pursuant to section 57.105, Florida Statutes (1987). On January 26, 1989 the trial court rendered its order denying the motion.

On December 8, 1989 appellees Miami Beach Awning Company, Inc. and Robert Van Dyk, codefendants below, moved to dismiss for failure to prosecute. On January 5, 1990 the court…