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LOWEN AIR CONDITIONING, INC. v. SMALL

No. 79-900.

397 So.2d 414 (1981)

LOWEN AIR CONDITIONING, INC., Appellant, v. Michael B. SMALL et Ux., Appellees.

District Court of Appeal of Florida, Fourth District.

April 22, 1981.

Attorney(s) appearing for the Case

Daniel Jones and John A. Gentry, III of Moyle Gentry, Jones, Flanigan & Groner, P.A., West Palm Beach, for appellant.

Michael B. Small of Small, Oakes, Vosko, Clark & Meyer, Palm Beach, for appellees.

PER CURIAM.

Appellant seeks review of an order dismissing its complaint to foreclosure a mechanics lien for failure to prosecute the cause for a period in excess of one year. We reverse.

It appears that appellant, an air conditioning contractor, sued appellees to foreclosure a mechanics lien (Circuit Court Case No. 75-4191). During the course of the suit, appellant filed a notice of voluntary dismissal pursuant to Fla.R.Civ.P. 1.420(e). Shortly thereafter...

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