Torrejon v. Martin

The plaintiff, Watsson Herbert Torre-jon, appeals from an order dismissing the action for lack of prosecution pursuant to Florida Rule of Civil Procedure 1.420(e). We reverse.

Within the one year period established by Rule 1.420(e), the defendants, Enrique Martin, et al., filed a motion arguing that the action should be dismissed for failure to substitute parties within the 90-day time period established by Florida Rule of Civil Procedure 1.260(a)(1) [Rule 1.260(a)(1) motion to dismiss]. Although the Rule 1.260(a)(1) motion to dismiss was properly filed, it was never docketed.

The filing of the…