Classical Financial Services, L.L.C. v. G2 Resources, Inc.

The trial court dismissed plaintiffs lawsuit for failure to prosecute under rule 1.420(e). Plaintiff argues that this was an abuse of discretion because its manager had cancer during the period of inactivity, and this constituted good cause for denying the motion to dismiss. We affirm.

Plaintiff filed this suit in February 1998. After Dennis Terhune, the chief manager of plaintiff failed to appear for his deposition in February 2002, he filed an affidavit in July 2002 stating that he had been undergoing aggressive treatment for cancer and was physically unable to attend. He was deposed in…