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HENKEL v. CHUA

No. 4-86-1218.

507 So.2d 791 (1987)

Raymond W. HENKEL and Virginia A. Henkel, His Wife, Appellants, v. Jonathan CHUA and Nme Hospitals, Inc., a Delaware Corporation, D/B/a Delray Community Hospital, Appellees.

District Court of Appeal of Florida, Fourth District.

May 27, 1987.

Attorney(s) appearing for the Case

John P. Shevock of Gillespie, McCormick, McFall, Gilbert & McGee, Fort Lauderdale, for appellants.

Debra J. Snow and Robert M. Klein of Stephens, Lynn, Chernay, & Klein, P.A., West Palm Beach, for appellee-Jonathan Chua.

William D. Ricker, Jr., of Fleming, O'Bryan & Fleming, Fort Lauderdale, for appellee-NME Hospitals, Inc.

GUNTHER, Judge.

This is an appeal from an order dismissing a case for failure to prosecute. Rule 1.420(e), Fla.R.Civ.P. We reverse. Florida Rule of Civil Procedure 1.420(e) provides:

(e) Failure to Prosecute. All actions in which it appears on the face of the record that no activity by filing of pleadings, order of court or otherwise has occurred for a period of one year shall be dismissed by the court on its own motion or on the motion of any interested...

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