District Court of Appeal of Florida

Dismissal for failure to prosecute of a complaint alleging breach of contract against defendants is reversed where defendants effectively abandoned their motions to dismiss for failure to prosecute by engaging in discovery and participating in mediation, and thus, the trial court abused its discretion in granting the motions to dismiss for failure to prosecute.

Appellate Information

• Decided 10/18/2006
• Published 10/18/2006

Judges

• CANADY, Judge.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Karl C. Landsteiner of Karl C. Landsteiner, P.A., Fort Myers, for Appellants.


• For Appellees:
  
• Richard M. Marchewka, Fort Myers, for Appellees W. Ross Hooker and Platinum Contracting, Inc., Kim E. Howard of Henderson, Franklin, Starnes & Holt, P.A., Fort Myers, for Appellee Butler Manufacturing Co.