Gadinsky v. Bruno

DELL, Judge.

The trial court dismissed appellants’ amended complaint for lack of prosecution, pursuant to rule 1.420(e), Florida Rules of Civil Procedure. Appellants raise four points on appeal, two of which require reversal of the trial court’s order of dismissal.

First, the bankruptcy proceeding initiated by appellee Bruno was not concluded until ten months before the trial court’s order of dismissal for lack of prosecution. The bankruptcy action constituted a parallel proceeding and the automatic stay provisions of *868the Bankruptcy Act prevented further proceedings in the case sub judice. See…