BARTON REALTY, INC. v. LOPEZ

No. 3D03-2761.

872 So.2d 325 (2004)

BARTON REALTY, INC., Appellant, v. Fernando LOPEZ, a/k/a Fernando Lopez Espinosa, Appellee.

District Court of Appeal of Florida, Third District.

April 14, 2004.


Attorney(s) appearing for the Case

Dearman & Gerson, and Robert J. Harkins, for appellant.

De La Cruz & Cutler; Albert D. Viener; Rodham & Fine, and Gary Robert Fine, Fort Lauderdale, for appellee.

Before FLETCHER, RAMIREZ, and WELLS, JJ.


RAMIREZ, J.

The plaintiff, Barton Realty, Inc., appeals from an order dismissing the case for lack of prosecution pursuant to rule 1.420(e), Florida Rules of Civil Procedure. Because we conclude that the plaintiff failed to show good cause as to why the action should remain pending, we affirm.

It is undisputed that no record activity in the cause took place for a period of one year. Plaintiff argues, however, that there was good cause to maintain the case...

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