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EQUITY CAPITAL COMPANY v. 601 WEST 26 CORP.

No. 68-1074.

223 So.2d 762 (1969)

EQUITY CAPITAL COMPANY, a Minnesota Corporation, Appellant, v. 601 WEST 26 CORP. a/K/a 601 West 26 Corporation, a New York Corporation Authorized to Do Business in the State of Florida; and Trunk Corp. a/K/a Trunk Corporation, a Florida Corporation, Appellees.

District Court of Appeal of Florida. Third District.

June 10, 1969.

Attorney(s) appearing for the Case

Fowler, White, Collins, Gillen, Humkey & Trenam and Harold L. Ward, Miami, for appellant.

Bolles, Goodwin, Ryskamp & Ware and Kenneth L. Ryskamp, Miami, for appellees.

Before CHARLES CARROLL, C.J., SWANN, J., and LILES, WOODIE A., Associate Judge.

LILES, WOODIE A., Associate Judge.

Plaintiff has appealed the dismissal of its motion for deficiency decree in a mortgage foreclosure suit. On motion by defendants, the trial judge denied plaintiff's motion on the ground that plaintiff had failed to take any affirmative action for a period in excess of one year as required by Fla.R.Civ.P. 1.420(e), 30 F.S.A.

The dismissal must be reversed because plaintiff had resumed activity in this case before any action...

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