Opinion
No. 3D03-2332.
November 17, 2004.
An Appeal from the Circuit Court for Miami-Dade County, Marc Schumacher, Judge.
Adams Coogler Watson Merkel Barry Kelner, West Palm Beach; Marjorie Gadarian Graham, for appellant.
Sams Martin Lister and Alvarez, for appellees.
Before LEVY and RAMIREZ, JJ., and DAUKSCH, JAMES C., JR., Senior Judge.
Plaintiff appeals from an order granting the defendants' motion to dismiss for lack of prosecution. Because the record on its face establishes that there was record activity in the year preceding the filing of the motion, we reverse. Gelb v. Miranda, 456 So.2d 548 (Fla. 3d DCA 1984); Kenet v. Stein, 326 So.2d 36 (Fla. 3d DCA 1976).
REVERSED AND REMANDED.