SAMUEL J. HANNON AND SAMUEL J. HANNON, TRUSTEE, APPELLANTS,
v.
PHILIP NASSR AND RELIANT NURSERY, INC., APPELLEES
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PER CURIAM.
Samuel J. Hannon and Samuel J. Hannon, Trustee, appeal the dismissal of their complaint against Phillip Nassr and Reliant Nursery, Inc. for lack of prosecution. We reverse the order dismissing for failure to prosecute as there was record activity, to-wit: the filing of a Notice of Taking Deposition, Supplemental Interrogatories to Defendant and a Notice for Trial, during the one-year period preceding the order.1 State Department of Environmental Protection v. Crest Products, Inc., 671 So. 2d 211 (Fla. 2d DCA 1996)(the filing of a notice for trial bars the trial court from dismissing the action for lack of prosecution); Oak Casualty Insurance Company v. Home, 661 So. 2d 423 (Fla. 3d DCA 1995).
Reversed.
. Ordinarily, the filing of a Motion to Dismiss is the event which marks the end of the one year period within which we look for record activity. In this case the order of dismissal was entered by the trial court, sua sponte. Accordingly, the filing of the order is the significant event.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hall v. Metro. Dade Cnty., 760 So. 2d 1051 (Fla. 3d DCA 2000)…problem experienced by the clerks of the circuit courts. This court has held in earlier cases that the filing of a notice of deposition constitutes record activity which will defeat a motion to dismiss for lack of prosecution. See Hannon v. Nassr, 701 So. 2d 445 (Fla. 3d DCA 1997); Utset v. Campos, 548 So. 2d 834, 837 (Fla. 3d DCA 1989); Silverman v. Equifax Services, Inc., 420 So. 2d 928, 929 (Fla. 3d DCA 1982). Other cases in accord include Cravens v. Kulubis, 694 So. 2d 780, 781 (Fla. 2d DCA 1997); Milli…
Authorities Cited
- State of Fla. Dep't OF Env't Prot. v. Crest Prods., Inc., 671 So. 2d 211 (Fla. 2d DCA 1996)
- OAK Cas. Ins. Co. v. Horne, 661 So. 2d 423 (Fla. 3d DCA 1995)
- Bertman v. Zfour, Inc., 661 So. 2d 423 (Fla. 3d DCA 1995)