DAVID FRISBIE, APPELLANT,
v.
MICHAEL GARDINER AND EDMOND GARDINER, APPELLEES

Fla. 4th DCA | 2006-01-04
No. 4D05-368
STONE and KLEIN, JJ., concur.
917 So. 2d 403 Florida District Court of Appeal, Fourth District (2006) Positive Treatment
Cited by 4 cases
Opinion of the Court
SHAHOOD, J.

[*404] 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.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Weston TC LLLP v. CNDP Mktg. Inc., 66 So. 3d 370 (Fla. 4th DCA 2011)
    …trial conference and a notice for case management conference with a proposed stipulation for case management order); Comm’l Union Ins. Co. v. Marine Sales & Servs., Inc., 923 So. 2d 535 (Fla. 4th DCA 2006) (a civil cover sheet); Frisbie v. Gardiner, 917 So. 2d 403 (Fla. 4th DCA 2006) (a motion to withdraw as counsel and an order granting the motion); Lynch v. United Distribs., Inc., 915 So. 2d 274 (Fla. 4th DCA 2005) (a notice of compliance with discovery).…
  • Mourning v. Ballast Nedam Constr., Inc., 964 So. 2d 889 (Fla. 4th DCA 2007)
    …ng 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. Id. at 274. This Court did likewise in the second bright-line case, Frisbie v. Gardiner, 917 So. 2d 403 (Fla. 4th DCA 2006), involving a motion to withdraw as counsel and an order granting the motion, again citing Wilson. Id. at 404. This Court followed suit yet again in the third bright-line case, Commercial Union Insurance Co. v. Marine Sales & Serv…

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