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DIAMOND v. PENINSULAR LIFE INS. CO.

No. 92-1923.

620 So.2d 1095 (1993)

William C. DIAMOND, Appellant, v. PENINSULAR LIFE INSURANCE COMPANY, a North Carolina corporation, Appellee.

District Court of Appeal of Florida, First District.

June 28, 1993.

Attorney(s) appearing for the Case

James A. Bledsoe, Jr., and Stephen K. Moonly of Bledsoe, Schmidt, Lippes & Adams, P.A., Jacksonville, for appellant.

Thomas C. Dearing and Kelly B. Pritchard of Leboeuf, Lamb, Leiby & MacRae, Jacksonville, for appellee.

PER CURIAM.

We review by appeal an order that struck Appellant's rule 1.540(b) motion and supporting affidavit seeking to set aside a final summary judgment for Appellee. The order struck the motion and affidavit on the authority of rule 1.420(e), Florida Rules of Civil Procedure, because no action had been taken by Appellant to have the motion heard for more than sixteen months after it was filed and served. However, rule 1.420(e) authorizes only the dismissal of...

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