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CITY OF MIAMI v. DADE COUNTY

No. 74-1570.

321 So.2d 140 (1975)

CITY OF MIAMI, a Municipal Corporation Created and Existing Pursuant to the Laws of the State of Florida, Appellant, v. DADE COUNTY, a Political Subdivision of the State of Florida, et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 12, 1975.

Attorney(s) appearing for the Case

John S. Lloyd, City Atty., and Montague Rosenberg, Asst. City Atty., for appellant.

Stuart Simon, County Atty., and Robert L. Krawcheck, Asst. County Atty., for appellees.

Before PEARSON, HAVERFIELD and NATHAN, JJ.

NATHAN, Judge.

The City of Miami appeals and seeks reversal of an order of dismissal for failure to prosecute under Rule 1.420(e), RCP, which in part states:

"(e) Failure to Prosecute. All actions in which it affirmatively appears that no action has been taken by filing of pleadings, order of court or otherwise for a period of one year shall be dismissed by the court on its own motion or on motion of any interest person ..."

The issue in this appeal...

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