Hunter v. Cal-Maine Foods, Inc.

DAUKSCH, Judge.

This is an appeal from a judgment entered after a dismissal for failure to prosecute. Because appellant filed a notice to produce within one year before the motion to dismiss was filed, we reverse the order of dismissal pursuant to Florida Rule of Civil Procedure 1.420(e). See Henson v. Whorf, 466 So.2d 23 (Fla. 5th DCA 1985); Orange Electric Company v. Hughes Supply, Inc., 467 So.2d 479 (Fla. 5th DCA 1985). While we have great sympathy with the trial court and appellee’s argument that the discovery sought was not such that would actually bring the matter to a trial posture we…