Summary
In Lynch, this court reversed an order dismissing a case for lack of prosecution under Rule 1.420(e), finding that there was sufficient activity on the face of the record during the relevant time period (Lynch's notice of compliance with discovery), and cited Wilson.
Summary of this case from Mourning v. BallastOpinion
No. 4D04-4764.
December 7, 2005.
Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Karen Miller, Judge; L.T. Case No. 502001CA 013150XX0CAA.
Ronald J. Zeller of Zeller Associates, L.L.C., West Palm Beach, for appellant.
Sally Still and Christine D. Hanley of Christine D. Hanley Associates, P.A., West Palm Beach, for appellee.
We reverse the order dismissing appellant's second amended complaint for lack of prosecution pursuant to rule 1.420(e), Florida Rules of Civil Procedure, because there was, on the face of the record, activity within the one-year period, i.e., appellant's notice of compliance with discovery. See Fla. R. Civ. P. 1.420; Wilson v. Salamon, 30 Fla. L. Weekly S701, ___ So.2d ___, 2005 WL 2663432 (Fla. Oct. 20, 2005).
Reversed and Remanded.
STEVENSON, C.J., and POLEN, J., concur.