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CAPITAL INVESTMENT GROUP, INC. v. N.I. RICHBURG

No. 5D06-579.

944 So.2d 1232 (2006)

CAPITAL INVESTMENT GROUP, INC., et al., Appellant, v. N.I. RICHBURG, d/b/a Richburg Realty, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

December 22, 2006.

Attorney(s) appearing for the Case

Alfred L. Frith and Christopher H. Hunt of Rissman, Barrett, Hurt, Donahue & McLain, P.A., Orlando, for Appellant.

Michael C. Caborn, Andrew T. Dixon and James Edward Cheek, III, of Winderweedle, Haines, Ward & Woodman, P.A., Orlando, for Appellee N.I. Richburg, individually and d/b/a Richburg Realty.

Joseph E. Foster of Akerman Senterfitt, Orlando, for Appellee Devlin Properties, Inc.

PER CURIAM.

The sole issue for our determination in this appeal is whether the trial court erred when it dismissed this action for lack of prosecution.1 It is undisputed that there was no record activity for more than one year preceding the filing of the motion to dismiss. Our resolution of this appeal, therefore, turns on whether the trial court abused its discretion when it concluded that non-record activity was insufficient to preclude...

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