Allen v. Orlando Regional Medical Center

GRIFFIN, Chief Judge.

This is the appeal of an order dismissing the suit below for lack of prosecution pursuant to Florida Rule of Civil Procedure 1.420(e). There was a single item of record activity by the plaintiffs below within the year preceding the filing of the motion to dismiss, consisting of a notice of service of plaintiffs’ second Request for Production of documents. It was served six days before the anniversary date of the last record activity-

' The appellees’ motion to dismiss urged that the discovery undertaken by the plaintiff at the eleventh hour was made “in bad faith and…