Fields v. Fla. Farm Bureau Cas. Ins. Co.

Full title: MARY FIELDS, ETC., APPELLANT, v. FLORIDA FARM BUREAU CASUALTY INSURANCE…

Court: District Court of Appeal of Florida, Fifth District

Date published: May 10, 1984

449 So. 2d 972 (Fla. Dist. Ct. App. 1984)

Opinion

No. 83-679.

May 10, 1984.

Appeal from Circuit Court, Lake County; C. Welborn Daniel, Judge.

Irvin A. Meyers of Meyers Mooney, P.A., Orlando, for appellant.

Mason H. Grower, III, of Smalbein, Eubank, Johnson, Rosier Bussey, P.A., Orlando, for appellees.

FRANK D. UPCHURCH, Jr., Judge.

Fields appeals from an order dismissing this cause for lack of prosecution under Florida Rule of Civil Procedure 1.420(e).

We reverse because the record reflects activity prior to the motion to dismiss. Within the one year period before the motion to dismiss was filed, Fields perfected service of process on Florida Farm Bureau. Service of process upon a defendant constitutes record activity. Rivera v. A.M.I.F., Inc., 417 So.2d 304 (Fla. 3d DCA 1982).

REVERSED and REMANDED.

ORFINGER, C.J., and COBB, J., concur.