Arguelles v. City of Orlando

Full title: Robert A. ARGUELLES, Appellant, v. CITY OF ORLANDO, Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: Sep 11, 2009

17 So. 3d 346 (Fla. Dist. Ct. App. 2009)

Opinion

No. 5D08-1134.

September 11, 2009.

Appeal from the Circuit Court for Orange County, Cynthia Z. Mackinnon, Judge.

Nicholas A. Shannin of Page, Eichenblatt, Bernbaum Bennett, P.A., Orlando, for Appellant.

Robert E. Bonner of Meier, Bonner, Muszynski, O'Dell Harvey, P.A., Orlando, for Appellee.

PER CURIAM.

Appellant challenges the dismissal of his civil lawsuit for lack of prosecution. Appellee properly concedes that the lower court erred by dismissing the lawsuit only thirty-one days after Appellee served notice pursuant to Florida Rule of Civil Procedure 1.420(e) and in the face of intervening prosecutorial activity filed by Appellant.

REVERSED AND REMANDED.

TORPY, LAWSON and JACOBUS, JJ., concur.