Summary
In Rubio, this Court reversed an order dismissing a case for lack of prosecution, finding sufficient activity on the face of the record during the relevant time period (Rubio's notice of deposition), and cited Wilson.
Summary of this case from Mourning v. BallastOpinion
No. 4D05-3603.
August 2, 2006.
Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Diana Lewis, Judge; L.T. Case No. 502002CA005916XXANAF.
Steven H. Meyer of Steven H. Meyer, P.A., Boca Raton, for appellant.
Jonathan A. Berkowitz of Vernis Bowling of Palm Beach, P.A., North Palm Beach, for appellees.
Adrian Rubio appeals the trial court's dismissal of his personal injury action for failure to prosecute. We agree with appellant that his filing of a notice of deposition, even though the deposition was subsequently cancelled, was sufficient record activity to preclude dismissal of the action under the bright-line test announced by the Florida Supreme Court in Wilson v. Salamon, 923 So.2d 363 (Fla. 2005).
Reversed and Remanded.
KLEIN and SHAHOOD, JJ., concur.