Gold Coast Graphics, Inc. v. Rachline

Full title: GOLD COAST GRAPHICS, INC., APPELLANT, v. LESLIE RACHLINE AND DODI…

Court: District Court of Appeal of Florida, Third District

Date published: May 2, 1984

448 So. 2d 544 (Fla. Dist. Ct. App. 1984)

Opinion

No. 83-2024.

March 20, 1984. Rehearing Denied May 2, 1984.

Appeal from Circuit Court, Dade County; Dick C.P. Lantz, Judge.

Justin Edward Beals, Miami, for appellant.

Kreeger Kreeger and Julian Kreeger, Miami, for appellees.

Before BARKDULL, HUBBART and NESBITT, JJ.

PER CURIAM.

The order dismissing the complaint for lack of prosecution with prejudice is reversed upon a holding that: (a) the notice of taking a deposition constituted activity sufficient to preclude dismissal, Silverman v. Equifax Services, Inc., 420 So.2d 928 (Fla. 3d DCA 1982); (b) a dismissal for failure to prosecute may not be "with prejudice," McDaniel v. Onkey, 422 So.2d 70 (Fla. 2d DCA 1982).

Reversed.