Opinion
No. 96-2150.
December 31, 1997.
Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Fred A. Hazouri, Judge.
Walter G. Latimer of Bolton Latimer, P.A., Miami, for Appellant.
Diran V. Seropian of Peterson, Bernard, Vandenberg, Zei, Geisler Martin, West Palm Beach, for Appellees Bari Malin Meyers and Talmage S. Meyers.
Mark M. Bradfield of Bradfield McAliley, P.A., West Palm Beach, for Appellee State Automobile Mutual Insurance Company.
The trial court's order setting a status conference was record activity sufficient to preclude dismissal of the case for lack of prosecution. See Samuels v. Palm Beach Motor Cars Limited by Simpson, Inc., 618 So.2d 310 (Fla. 4th DCA 1993). Because reversal is warranted on this ground, we do not reach the issue of whether a hearing is necessary on appellant's claim of "good cause" under Florida Rule of Civil Procedure 1.420(e), based on the terminal illness of his wife of 36 years, his grief after her death, his health problems and the withdrawal of his original attorney.
POLEN, STEVENSON and GROSS, JJ., concur.