9 Fla. L. Weekly Supp. 520a
Civil procedure — Failure to prosecute — Small claims — Insurance — Error to enter judgment of dismissal where plaintiff filed motions for default on three separate occasions during six months before dismissal
SOUTHERN GROUP INDEMNITY, INC., Appellant, vs. ADVANTAGE INSURANCE AGENCY, INC. and ADVANTAGE INSURANCE OF AMERICA, INC., Appellees. Circuit Court, 11th Judicial Circuit (Appellate) in and for Miami-Dade County. Case No. 01-247 AP. L.T. Case No. 98-125 SP 23 (02). June 25, 2002. This is an appeal from the decision of the Honorable Raphael Steinhardt, County Court Judge of Miami-Dade County, Florida. Counsel: Fred L. Fulmer, for Appellant. Jaqueline Batista, for Appellee.
(Before RONALD FRIEDMAN, PAUL SEIGEL and MICHAEL GENDEN, JJ.)
(PER CURIAM.) We reverse the judgement under review as the Appellant has established error that warrants reversal.
The record on appeal demonstrates adequate activity to avoid dismissal for failure to prosecute under Fla. Sm. Cl. R. 7.110(e). The appellant sent the clerk of court motions for default on three separate occasions during the six months prior to entry of the order of dismissal on June 15, 2001. Such action advanced the case toward resolution, and therefore, it is sufficient to preclude a dismissal for want of prosecution. Toney v. Freeman, 600 So. 2d 1099 (Fla. 1992).
REVERSED.
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