Frisbie v. Gardiner

Full title: David FRISBIE, Appellant, v. Michael GARDINER and Edmond Gardiner…

Court: District Court of Appeal of Florida, Fourth District

Date published: Jan 4, 2006

917 So. 2d 403 (Fla. Dist. Ct. App. 2006)

Opinion

No. 4D05-368.

January 4, 2006.

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Ilona M. Holmes, Judge; L.T. Case No. 03-8774 CACE (18).

Donna Waters Romero of Grotefeld Denenberg, LLC, Plantation, for appellant.

Jennifer L. Gardner, West Palm Beach, for appellees.

SHAHOOD, J.

Appellant, David Frisbie, appeals the Final Judgment which dismissed his cause of action against appellees, Michael Gardiner and Edmond Gardiner, for lack of prosecution.

We reverse the dismissal of appellant's complaint for lack of prosecution because there was, on the face of the record, activity within the one-year period. See Fla.R.Civ.P. 1.420; Wilson v. Salamon, 30 Fla. L. Weekly S701, ___ So.2d ___, 2005 WL 2663432 (Fla. Oct. 20, 2005). The activity in this case was a motion to withdraw as counsel and an order granting the motion.

Reversed and remanded; appellant's cause of action reinstated.

STONE and KLEIN, JJ., concur.