GUERRA v. SOUTHERN HOMES OF PALM BEACH, LLC

No. 3D13-2238.

134 So.3d 569 (2014)

Vicenzo GUERRA and Kimberly Guerra, Appellants, v. SOUTHERN HOMES OF PALM BEACH, LLC, Appellee.

District Court of Appeal of Florida, Third District.

March 19, 2014.


Attorney(s) appearing for the Case

Civil Justice Advocates, P.L., and Kunal A. Mirchandani (Fort Lauderdale), for appellants.

Law Offices of Michael J. Yates, P.L., and Michael J. Yates , for appellee.

Before ROTHENBERG, LOGUE, and SCALES, JJ.


ROTHENBERG, J.

Vicenzo Guerra and Kimberly Guerra (collectively, "the plaintiffs") appeal from an order dismissing their action filed against Southern Homes of Palm Beach, LLC ("the defendant"). The trial court's order specifically provides that "the Court finds that ... there was no record activity during 60 days immediately following service of the [Notice of Lack of Prosecution]," and therefore, "this action is dismissed for lack of prosecution." However, because...

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