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BIALY v. STINSON

No. 91-2320.

617 So.2d 349 (1993)

Joanne BIALY, as Personal Representative of the Estate of Charles E. Stinson, Appellant, v. Ruth S. STINSON, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 24, 1993.

Attorney(s) appearing for the Case

Edgar Miller, Miller and Russell, Coral Gables, for appellant.

Edna L. Caruso and Barbara J. Compiani, Edna L. Caruso, P.A., West Palm Beach, and S. Robert Zimmerman, Pompano Beach, for appellee.

DELL, Judge.

Appellant contends the trial court erred when it dismissed her cause of action for lack of prosecution pursuant to rule 1.420(e), Florida Rules of Civil Procedure. We agree and reverse and remand.

On or about March 1, 1990, appellant filed a complaint seeking a determination of the estate's ownership interest in a certain stock certificate. Appellee moved to strike and/or dismiss the complaint. On May 13, 1991, the trial court sua sponte

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