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BLYTHE v. JAMES LOCK & CO. LTD.

No. 4D00-2066.

780 So.2d 237 (2001)

Christopher R. BLYTHE, Appellant, v. JAMES LOCK & COMPANY LIMITED, a/k/a Lock's the Hatter, and The Tackeria, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 9, 2001.

Attorney(s) appearing for the Case

Michael R. Borasky, Henry Latimer and Gina M. Lyew-Ayee of Eckert Seamans Cherin & Mellott, LLC, Fort Lauderdale, for appellant.

Kathryn L. Tignor of Adams, Coogler, Watson, Merkel, Barry & Kellner, P.A., West Palm Beach, for Appellee-James Lock & Company Limited, a/k/a Lock's The Hatter.

Kara Berard Rockenbach and Daniel C. Methe of Gaunt, Pratt, Radford & Methe, P.A., West Palm Beach, for Appellee-The Tackeria, Inc.

STEVENSON, J.

The instant appeal stems from the trial court's dismissal of the plaintiff's products liability suit for failure to prosecute, pursuant to Florida Rule of Civil Procedure 1.420(e). The plaintiff argued that the approximate 13-month period of record inactivity was due to his search for a no longer manufactured and hard-to-find polo helmet which was to be used in destructive testing by his expert. The trial judge agreed that the reason for the record inactivity...

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