Opinion
No. 93-1910.
September 21, 1994.
Appeal from the Circuit Court for Palm Beach County; Edward A. Garrison, Judge.
Philip M. Burlington of Caruso, Burlington, Bohn Compiani, P.A., and F. Kendall Slinkman of Slinkman Thillman, P.A., West Palm Beach, for appellants.
Joseph H. Lowe of Marlow, Connell, Valerius, Abrams, Lowe Adler, Miami, for appellees.
This is an appeal from the trial court's order dismissing appellants' action for failure to prosecute pursuant to Florida Rule of Civil Procedure 1.420(e). We reverse and remand for the trial court to hold an evidentiary hearing on the disputed factual issues regarding whether or not appellants established good cause to prevent dismissal of their action. See Withers v. Flagship Peoples Bank, 473 So.2d 789 (Fla. 1st DCA 1985); American E. Corp. v. Henry Blanton, Inc., 382 So.2d 863 (Fla. 2d DCA 1980). The trial court is further directed on remand to make a specific finding or ruling as to whether or not good cause was shown. See Bruns v. Jones, 481 So.2d 544 (Fla. 5th DCA 1986).
HERSEY, STEVENSON, JJ., and MICKLE, STEPHAN P., Associate Judge, concur.
NOTE: HERSEY, J., did not participate in oral argument but has reviewed the presentation made at that proceeding.