Opinion
Case No. 96-3338
Opinion filed December 10, 1997. Rehearing Denied January 28, 1998
An Appeal from the Circuit Court for Dade County, Bernard S. Shapiro, Judge.
Lyons and Farrar and Marsha L. Lyons (Tallahassee), for appellants.
Womack, Appleby Brennan and Frank Silva, for Mercy Hospital, Inc.;
Steel Hector Davis and Alice G. Hector and Anne Marie Estevez and Sarah B. Clasby, for Luis Villa, M.D. and Interamerican Institute of Hematology Oncology.
Before SCHWARTZ, C.J., and JORGENSON and LEVY, JJ.
The plaintiffs filed a Notice to Convene a Case Management Conference less than one year after the occurrence of the last record activity in the case. In view of the fact that we find that the holding of such a conference is designed to move the case forward, it was error the for the trial court to dismiss the case for lack of prosecution under Florida Rule of Civil Procedure 1.420(e). Accordingly, the order of dismissal is reversed and this cause is remanded for further proceedings consistent herewith.
Reversed and Remanded.