Mr. Patton and other plaintiffs sued Kera Technology and other defendants in late 1998 after a proposed business deal fell apart. Eventually, the lawsuit was dismissed by the judge because of lack of activity in the case. The 5th District Court of Appeal upheld that ruling. The plaintiffs argue there was enough activity to allow the lawsuit to move ahead. They also say the failings of their lead attorney, who was later disbarred, should be taken into account. The defendants argue that the lower courts properly followed the procedural rules and past rulings.