Hahn v. First National Bank of Delray Beach

SMITH, ROBERT P., Jr., Associate Judge.

This is an appeal from an order dismissing appellant’s action for lack of prosecution. There were lengthy and repeated delays in prosecution, indicated in some detail in Judge Cobb’s dissenting opinion. But the action was not dismissible under Fla.R.Civ.P. 1.420(e) because appellant propounded interrogatories immediately before appellee filed its motion to dismiss for non-prosecution. Flack v. Kuhn, 277 So.2d 593 (Fla. 4th DCA 1973); City of Jacksonville v. Hinson, 202 So.2d 806 (Fla. 1st DCA 1967). Appellee urges that the case was nevertheless properly…