JOSE FRANCISCO TURCIO, APPELLANT,
v.
CARNIVAL CRUISE LINES, INC., APPELLEE
JOSE FRANCISCO TURCIO, APPELLANT,
CARNIVAL CRUISE LINES, INC., APPELLEE
727 So. 2d 1138
Florida District Court of Appeal, Third District (1999)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The appellee correctly concedes that the trial court erred in dismissing the ease for lack of prosecution because the record reveals that documents were filed within the year preceding the motion to dismiss. Accordingly, because there was record activity within one year, we reverse and remand to the trial court for further proceedings. See Scharlin v. Broward County Property Appraisal Adjustment Board, 500 So. 2d 345 (Fla. 4th DCA 1987).
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Watsson Herbert Torrejon v. Martin, 882 So. 2d 516 (Fla. 3d DCA 2004)…260(a)(1) motion to dismiss was properly filed, it was never docketed. The filing of the defendants’ Rule 1.260(a)(1) motion to dismiss constitutes record activity directed toward the disposition of the case. Turcio v. Carnival Cruise Lines, Inc., 727 So. 2d 1138 (Fla. 3d DCA 1999); Simmons v. Dakal Dev. Corp., 632 So. 2d 717 (Fla. 2d DCA 1994). Further, “[a] plaintiff can rely upon a defendant’s activities to constitute record activity.” DeVane v. P.J. Constructors, Inc., 710 So. 2d 1375, 1377 (Fla. 5th DCA…
Authorities Cited
- Scharlin v. Broward Cnty. Prop. Appraisal Adjustment Bd., 500 So. 2d 345 (Fla. 4th DCA 1987)