ALVAREZ v. STATE FARM MUT. AUTO. INS. CO.

Nos. 3D99-1417, 3D99-1418.

762 So.2d 943 (2000)

Aurora ALVAREZ, et al., Appellants, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 26, 2000.


Attorney(s) appearing for the Case

Bernstein and Maryanoff and Neil M. Gonzalez and Scott L. Poisson, for appellants.

James K. Clark and Frances F. Guasch, for appellee.

Before JORGENSON, LEVY, and FLETCHER, JJ.


PER CURIAM.

Aurora Alvarez appeals the dismissal of her claim for uninsured motorist benefits for failure to prosecute. For the following reasons, we reverse and remand for further proceedings.

The trial court abused its discretion in dismissing the insured's claim for lack of prosecution. The insured presented sufficient proof of good cause—previous counsel's ill health—to rebut the failure to file any record activity in a one-year period. The...

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