ORTIZ v. BISCAYNE MEDICAL CENTER, INC.

No. 79-1969.

385 So.2d 1146 (1980)

Roberto ORTIZ, Appellant, v. BISCAYNE MEDICAL CENTER, INC. and Emergency Physician Associates, P.A., Appellees.

District Court of Appeal of Florida, Third District.

July 8, 1980.


Attorney(s) appearing for the Case

Greene & Cooper and Robyn Greene, Rosenblatt, Greene & Arnowitz, Miami, for appellant.

Preddy, Kutner & Hardy and G. William Bissett, Walton, Lantaff, Schroeder & Carson and Bernard I. Probst, Miami, for appellees.

Before HENDRY, NESBITT and BASKIN, JJ.


BASKIN, Judge.

Roberto Ortiz, plaintiff in the medical malpractice action below, appeals an order dismissing the cause for lack of prosecution. We reverse.

On May 29, 1979, the defendants, appellees herein, filed a motion to dismiss for lack of prosecution, claiming that no activity had occurred in the case for a period of one year. The record discloses, however, that this court, by order dated June 29, 1978, and filed in the circuit court on August 18, 1978...

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