Touron v. Metropolitan Dade County

Full title: JOSE M. TOURON, Appellant, vs. METROPOLITAN DADE COUNTY, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Mar 12, 1997

690 So. 2d 648 (Fla. Dist. Ct. App. 1997)

Opinion

CASE NO. 96-1125

Opinion filed March 12, 1997. Rehearing Denied April 16, 1997.

An Appeal from the Circuit Court of Dade County, Rosemary Usher Jones, Judge.

LOWER TRIBUNAL NO. 90-2939

Susan I. Noe, for appellant.

Robert A. Ginsburg, Dade County Attorney, Carol A. Anderson, Assistant County Attorney, for appellee.

Before COPE, GODERICH and FLETCHER, JJ.

PER CURIAM.

We find that the trial court properly granted Metropolitan- Dade County's motion to dismiss for lack of prosecution where no record activity had occurred for a period of one year. Fla. R. Civ. P. 1.420(e); Dion v. Bald, 664 So.2d 348, 349 (Fla. 5th DCA 1995)("[A] motion to substitute new counsel is not sufficient record activity to prevent dismissal."); Appraisal Group, Inc. v. Visual Communications, Inc., 426 So.2d 1155 (Fla. 3d DCA 1983).

Affirmed.