Opinion
No. 84-682.
April 18, 1985.
Appeal from the Circuit Court, Orange County, Lon S. Cornelius, J.
Michael B. Jones of William A. Harmening Associates, Orlando, for appellant.
James L. Simon of Bogin, Munns, Munns Simon, Orlando, for appellees.
The plaintiff's filing of a Notice of Taking Deposition within the one year period is sufficient record activity to preclude dismissal for lack of prosecution under Florida Rule of Civil Procedure 1.420(e) notwithstanding that the deposition was never taken. See Harris v. Winn Dixie Stores, Inc., 378 So.2d 90 (Fla. 1st DCA 1979).
The order dismissing the case for failure to prosecute is
REVERSED.
DAUKSCH and SHARP, JJ., concur.