Wells v. Michaud

HERSEY, Chief Judge.

We are requested to reverse the trial court’s dismissal of a personal injury claim. Dismissal was based upon failure to timely prosecute and failure to effect service of process upon an indispensable party. We reverse.

Dismissal on the first ground stated is governed by rule 1.420(e), Florida Rules of Civil Procedure. The operative motion to dismiss was filed on January 21,1986. The record discloses four instances of record activity during the one-year period directly preceding the filing of the motion. The question is whether one or more of those incidents constituted an…