Opinion
No. 84-2248.
July 24, 1985. Rehearing Denied August 30, 1985.
Appeal from the Circuit Court for Broward County; George Richardson, Jr., Judge.
Catherine Rafferty of Miller Squire, Fort Lauderdale, for appellant.
Jon Jay Ferdinand of Law Offices of Jon Jay Ferdinand, Fort Lauderdale, for appellee.
We decline to catalog the procedural history in this case. Suffice it to say that counsel for appellant filed the original complaint in June of 1978. When the court dismissed this case for lack of prosecution on August 28, 1984, the case had not yet come to issue. This is a simple action for enforcement of a foreign support decree. We note our disapproval of the apparent lack of attention to this case. However, we must reverse and remand this cause for further proceedings since appellant created sufficient record activity to preclude dismissal for lack of prosecution. See Philips v. Marshall Berwick Chevrolet, Inc., 467 So.2d 1068 (Fla. 4th DCA 1985).
This comment is not directed to Catherine Rafferty, who appeared on behalf of appellant for the first time in August, 1984.
REVERSED and REMANDED.
HERSEY, C.J., and ANSTEAD and DELL, JJ., concur.