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WARNER & SWASEY CO. v. INSURANCE CO. OF NO. AMER.

No. 72-536.

292 So.2d 45 (1974)

WARNER AND SWASEY COMPANY, Appellant, v. INSURANCE COMPANY OF NORTH AMERICA, Appellee.

District Court of Appeal of Florida, Second District.

March 1, 1974.

Attorney(s) appearing for the Case

Thomas B. Mimms, Jr., of Macfarlane, Ferguson, Allison & Kelly, Tempa, for appellant.

John W. Boult and W. Donald Cox, of Fowler, White, Gillen, Humkey, Kinney & Boggs, Tampa, for appellee.

MANN, Chief Judge.

The trial judge determined that defendant's motion to dismiss for failure to prosecute should be denied. There is no ascription of reason. The record of the hearing before the trial judge is not brought before us. The only justification for reversal of the trial judge's decision is, therefore, that he was not authorized to treat the plaintiff's objection to the motion as "good cause in writing" within the meaning of Rule 1.420, Fla.R.Civ.P., 30...

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