Biscayne Awning & Shade Co. v. Miami Beach Awning Co.
Docket: No. 90-270
Court: District Court of Appeal of Florida; June 26, 1990; Florida; State Appellate Court
Biscayne Awning and Shade Company’s appeal challenges the dismissal of its amended complaint for failure to prosecute. The appellate court reversed the lower court's decision, citing the precedent set in Utset v. Campos, which states that when there is record activity related to one defendant, other defendants cannot be dismissed for failure to prosecute. In this case, although a summary judgment had been granted to defendant Robert M. Reilly, his pending claim for attorney's fees was still a matter of controversy, thus maintaining him as an active party in the litigation. The appellate court clarified that the dismissal under Florida Rule of Civil Procedure 1.420(e) applies only to actions, not individual parties. Since there was ongoing activity regarding Reilly, the dismissal was deemed improper. The court remanded the case for further proceedings consistent with this ruling.