Garland v. Southeastern Palm Beach County Hospital Taxing District

WARNER, MARTHA C., Associate Judge.

This is an appeal from an order dismissing a medical malpractice action for lack of prosecution pursuant to Florida Rule of Civil Procedure 1.420(e).

Plaintiff filed suit in April of 1985 just prior to the expiration of the statute of limitations on her claim. However, no summons to defendants were issued at that time. Just over one year later two of the unserved defendants, Dr. Nowakowski and the Florida Patient’s Compensation Fund, moved to dismiss the action for lack of prosecution. In response thereto the plaintiff filed affidavits attempting to show good…