HAVENS v. CHAMBLISS

No. 4D04-3147.

906 So.2d 318 (2005)

Daniel S. HAVENS and Cynthia Havens, Individually and as Husband and Wife, Appellants, v. Hendry CHAMBLISS, Appellee.

District Court of Appeal of Florida, Fourth District.

June 15, 2005.


Attorney(s) appearing for the Case

Peter J. Sweeney, Jr. of Clem, Vocelle & Berg, LLP, Vero Beach, for appellants.

Garrison M. Dundas of Brennan, Hayskar, Walker, Schwerer, Dundas & McCain, P.A., Fort Pierce, for appellee.


STONE, J.

We affirm this dismissal for failure to prosecute. The case languished in court, without record activity, for more than one year.

The plaintiffs seek relief on the grounds that their attorney, Edwin Drake, had falsely, and repeatedly, advised them that the "case was proceeding" and that "there was `nothing to worry about'." They further state that Drake misrepresented to them that he had reached a settlement with the defendant's insurance company...

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