Opinion
No. 73-293.
October 30, 1973. Rehearing Denied December 7, 1973.
Appeal from the Circuit Court, Dade County, Thomas A. Testa, J.
Levenstein, Burke Associates, P.A., Miami, for appellant.
Smathers Thompson and James L. Armstrong, III, West, Goldman Weisberg; Stephens, Magill, Thornton Sevier, Miami, and Timothy Carl Blake, for appellees.
Before BARKDULL, C.J., and PEARSON and HAVERFIELD, JJ.
Appellant's cause was dismissed with prejudice for lack of prosecution. The record supports a finding by the trial court that the cause was not only subject to dismissal under Rule 1.420(e), 30 F.S.A., but, under the special circumstances presented, was also subject to dismissal with prejudice pursuant to the inherent power of the trial court to eliminate causes from its docket which are not being prosecuted with due diligence. See Rule 1.420(e); Reddish v. Forlines, Fla.App. 1968, 207 So.2d 703.
Affirmed.