State Farm Mutual Automobile Insurance Co. v. Chasteen

The trial court dismissed this case for lack of prosecution pursuant to rule 1.420(e), finding that there had been no activity for a period of one year, and plaintiff appeals.

The pertinent dates began on March 5, 1997, when plaintiffs motion for summary judgment was argued. The court advised plaintiffs counsel to submit a proposed summary judgment that day, but it was not until eleven months later, on February 9, 1998 that plaintiff submitted the judgment. By this time the case was pending before a new judge, who advised plaintiffs counsel by letter that he was reluctant to sign a summary…