F.M.C. CORP. v. CHATMAN

No. 78-1865.

368 So.2d 1307 (1979)

F.M.C. CORPORATION, Petitioner, v. Joe Willie CHATMAN, Respondent.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 18, 1979.


Attorney(s) appearing for the Case

J. Craig Corbett, of Smalbein, Eubank, Johnson, Rosier & Bussey, P.A., Orlando, for petitioner.

David M. Hammond, of Meyers, Mooney & Adler, P.A., Orlando, for respondent.


LETTS, Judge.

This petition for certiorari which we treat as an appeal from a non-final order, results from a holding by the trial judge that the appellee "had shown good cause in writing why the action should not be dismissed." We reverse.

In the case at bar there had been no record activity for over 16 months when the appellant filed its motion to dismiss for lack of prosecution pursuant to Rule 1.420(e) which states:

(e) Failure to Prosecute. All...

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