Alvarez v. State Farm Mutual Automobile Insurance Co.

Aurora Alvarez appeals the dismissal of her claim for uninsured motorist benefits for failure to prosecute. For the following reasons, we reverse and remand for further proceedings.

The trial court abused its discretion in dismissing the .insured's claim for lack of prosecution. ‘ The insured presented sufficient proof of good cause — previous counsel’s ill health — to rebut the failure to file any record activity in a one-year period. The trial court allowed Jose Canal, the insured’s previous counsel, to withdraw in February 1999 based on Canal’s ailing health. Indeed, Canal’s illness was so…