Summary
holding evidentiary hearing required to determine whether non-record activity constituted good cause to prevent dismissal for failure to prosecute
Summary of this case from Librun v. GriffisOpinion
No. 96-352.
November 20, 1996.
An Appeal from the Circuit Court for Dade County, Ronald Friedman, Judge.
Nashid Sabir, Miami, for appellant.
Elizabeth Gomez and Alice Cassidy Dowall, in proper person.
Before SCHWARTZ, C.J., and GERSTEN and SHEVIN, JJ.
Appellant, Gloria Torres, appeals dismissal of her action for failure to prosecute pursuant to Florida Rule of Civil Procedure 1.420(e). We reverse.
Non-record activity may, in some cases, constitute good cause to prevent dismissal for failure to prosecute. Barnes v. Ross, 386 So.2d 812 (Fla. 3d DCA 1980). However, there must be a finding of good cause before dismissal is appropriate. American E. Corp. v. Henry Blanton, Inc., 382 So.2d 863 (Fla. 2d DCA 1980). Thus, we reverse and remand for an evidentiary hearing to determine whether good cause exists to defeat dismissal of this action. See Lakeside Regent, Inc. v. Cohen, Scherer Cohn, P.A., 642 So.2d 148 (Fla. 4th DCA 1994); Bruns v. Jones, 481 So.2d 544 (Fla. 5th DCA 1986).
Reversed and remanded with instructions.