Miami National Bank v. Leo Greenfield

FERGUSON, Judge This appeal is brought from an order dismissing a complaint, pursuant to Florida Rule of Civil Procedure 1.420(e), for failure to prosecute. We reverse finding plaintiff to have been victimized by tactics described in professional parlance as ""stonewall and sandbag."" In July, 1979, Miami National Bank (MNB) filed its complaint against attorney Leo Greenfield, his professional corporation, and three other defendants to recover on unpaid promissory notes and guarantees. The defendants answered and filed counterclaims, including a class action count. By order of November 9, 1979, the court struck the class action count of the counterclaims with leave to amend. Greenfield filed an amended counterclaim on November 30, 1979.