District Court of Appeal of Florida January 23, 2009, 2D08-658 (Mickens v. Damron)

ALTENBERND, Judge.

Ronnie and Gloria J. Mickens appeal an order dismissing their lawsuit for failure to prosecute. Because dismissal was not appropriate under Florida Rule of Civil Procedure 1.420(e), we reverse.

This case arises out of a contract between Mr. and Mrs. Mickens and Alen Damron Construction Company to build a home on property owned by Mr. and Mrs. Mickens.