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SEABURY v. CHEMINOVA, INC.

No. 2D03-2139.

868 So.2d 625 (2004)

Steven SEABURY, Rebecca Martin, Walter Kuck, individually and on behalf of all persons similarly situated in the State of Florida, Appellants, v. CHEMINOVA, INC.; Cheminova A/S; and Auriga Industries A/S, Appellees.

District Court of Appeal of Florida, Second District.

March 12, 2004.

Attorney(s) appearing for the Case

Bryan K. McMinn of Maher, Guiley & Maher, P.A., Winter Park, and Spiro J. Verras, of Jones, Verras & Feiberg, L.L.C., New Orleans, for Appellants.

Joseph H. Varner of Knopik Varner Moore, Tampa, Christopher G. Kelly of Holland & Knight, LLP, New York, and Stacy D. Blank of Holland & Knight, LLP, Tampa, for Appellees.

CASANUEVA, Judge.

The plaintiffs in this case have appealed from an order dismissing their case for lack of prosecution pursuant to Florida Rule of Civil Procedure 1.420(e). They contend that the court erred in dismissing their action because, even though no activity appeared on the face of the record for the year preceding the motion to dismiss, their prosecution of a related federal court case precluded dismissal. We reject their argument and affirm.

Steven...

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