Brown v. Morella

By appeal and petition for writ of certio-rari the appellant-petitioner seeks .review of an order setting aside an order of dismissal for failure to prosecute. The cause was dismissed pursuant to Fla.R.Civ.P. 1.420(e) on March 2, 1978. On March 15, 1978, a motion seeking to set aside the order of dismissal was filed and on June 20, 1978, that motion was granted.

Rule 1.420(e) requires the dismissal of an action in which it appears on the face of the record that no activity has occurred in the cause for a period of one year, unless good cause is shown in writing, at least five days before the…