Denson v. Meyer

The final order dismissing the action below for lack of prosecution under Fla.R. Civ.P. 1.420(e) is affirmed upon a holding that: (1) the trial court had jurisdiction to reconsider a prior ruling denying the defendant’s motion to dismiss for lack of prosecution, see Alabama Hotel Co. v. J.L. Mott Iron Works, 86 Fla. 608, 98 So. 825 (1924); Bettez v. City of Miami, 510 So.2d 1242, 1243 (Fla. 3d DCA 1987); Margulies v. Levy, 439 So.2d 336 (Fla. 3d DCA 1983); (2) the settlement negotiations between the parties herein do not, as urged, constitute “good cause” under Fla.R.Civ.P. 1.420(e) for the…