Summary
holding that "motion to set a date for arbitration" filed within sixty-day grace period prevented dismissal under rule 1.420(e)
Summary of this case from Robinson v. MarekOpinion
No. 4D07-4633.
September 24, 2008.
Appeal from the Seventeenth Judicial Circuit Court, Broward County, John T. Luzzo, J.
Gary B. Goldman, North Miami Beach, for appellant.
Allen S. Kaufman of Allen S. Kaufman, PA, Plantation, for appellee.
We reverse an order dismissing for failure to prosecute. On the fifty-ninth day after a notice of lack of prosecution was issued by the clerk, plaintiff filed a motion to set a date for arbitration. The parties had previously agreed to submit the case to binding arbitration. Because plaintiff filed the motion to set arbitration within the sixty day period provided by rule 1.420(e), the court should have denied the motion to dismiss. Edwards v. City of St. Petersburg, 961 So.2d 1048 (Fla. 2d DCA 2007). Reversed.
KLEIN, HAZOURI and DAMOORGIAN, JJ., concur.