PEGGY S. CISKO, APPELLANT,
v.
PHOENIX MEDICAL PRODUCTS, INC., APPELLEE

Fla. 2d DCA | 2006-06-14
No. 2D05-5640
ALTENBERND and CASANUEVA, JJ., Concur.
930 So. 2d 853 Florida District Court of Appeal, Second District (2006) Positive Treatment
Cited by 2 cases

Opinion of the Court
WHATLEY, Judge.

WHATLEY, Judge.

We reverse the order dismissing Cisko’s complaint for lack of prosecution pursuant to Florida Rule of Civil Procedure 1.420(e) because there was, on the face of the record, activity within the one-year period, i.e., an interrogatory served by Cisko. See Wilson v. Salamon, 923 So. 2d 363 (Fla.2005).

Reversed and remanded; Cisko’s complaint reinstated.

ALTENBERND and CASANUEVA, JJ., Concur.


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  • Weston TC LLLP v. CNDP Mktg. Inc., 66 So. 3d 370 (Fla. 4th DCA 2011)
    …06) (a notice of deposition, even though the [*374] deposition was subsequently cancelled); Reddy v. Farkus, 933 So. 2d 595 (Fla. 5th DCA 2006) (a notice of cancellation of a hearing on a summary judgment motion); Cisko v. Phoenix Med. Prods., Inc., 930 So. 2d 853 (Fla. 2d DCA 2006) (an interrogatory); Walker v. McDonough, 929 So. 2d 1127 (Fla. 4th DCA 2006) (two notices of change of address, one from each side, and defense counsel’s notice of absence); Richards v. Sheriff of Palm Beach Cnty., 925 So. 2d 1166…

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