Opinion
No. 98-588
Opinion filed March 17, 1999.
An Appeal from the Circuit Court for Miami-Dade County, Steve Levine, Judge; L.T. No. 95-1615.
Charles R. Lipcon; Cooper Wolfe, and Sharon L. Wolfe, for appellant.
Mase Gassenheimer, and James D. Gassenheimer, for appellee.
Before JORGENSON, GERSTEN, and SORONDO, JJ.
CONFESSION OF ERROR
The appellee correctly concedes that the trial court erred in dismissing the case for lack of prosecution because the record reveals that documents were filed within the year preceding the motion to dismiss. Accordingly, because there was record activity within one year, we reverse and remand to the trial court for further proceedings. See Scharlin v. Broward County Property Appraisal Adjustment Board, 500 So.2d 345 (Fla. 4th DCA 1987).
Reversed and remanded.