Peterzell v. James Urbach, M.D., P.A.

SHARP, Judge.

Peterzell appeals from an order granting appellee’s motion to dismiss for failure to prosecute.1 The record discloses that although there was a one year gap in time (December 7, 1983 to December 13, 1984) in which there was no record activity in the case, on December 13, 1984, Peterzell filed a notice for trial. On December 27, 1984, appellee filed a motion to dismiss, which the trial court granted. We reverse.

The trial court found that Peterzell failed to comply with rule 1.420(e) by failing to show good cause why the suit should not be dismissed at least five days prior to the…