ADRIAN RUBIO, APPELLANT,
v.
JAMES CUBA AND J.G. O'NEILL, INC., A FLORIDA CORPORATION D/B/A DELRAY ACURA, APPELLEES
ADRIAN RUBIO, APPELLANT,
JAMES CUBA AND J.G. O'NEILL, INC., A FLORIDA CORPORATION D/B/A DELRAY ACURA, APPELLEES
933 So. 2d 1292
Florida District Court of Appeal, Fourth District (2006)
Positive Treatment
Cited by 4 cases
Opinion of the Court
TAYLOR, J.
Adrian Rubio appeals the trial court’s dismissal of his personal injury action for failure to prosecute. We agree with appellant that his filing of a notice of deposition, even though the deposition was subsequently cancelled, was sufficient record activity to preclude dismissal of the action under the bright-line test announced by the Florida Supreme Court in Wilson v. Salamon, 923 So. 2d 363 (Fla.2005).
Reversed and Remanded.
KLEIN and SHAHOOD, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Weston TC LLLP v. CNDP Mktg. Inc., 66 So. 3d 370 (Fla. 4th DCA 2011)…(Fla. 3d DCA 2007) (a status report); Miami-Dade Cnty. v. Walker, 948 So. 2d 68 (Fla. 3d DCA 2007) (a notice of change of firm name); Johnson v. Maroone Ford LLC, 944 So. 2d 1059 (Fla. 4th DCA 2006) (a second request for production); Rubio v. Cuba, 933 So. 2d 1292 (Fla. 4th DCA 2006) (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 Me…
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Mourning v. Ballast Nedam Constr., Inc., 964 So. 2d 889 (Fla. 4th DCA 2007)…r the arbitration is set, but before the hearing, or a motion filed before an order setting arbitration, but after arbitration has been put into play by the court or the parties? Id. at 158-159. The eleventh bright-line rule case is Rubio v. Cuba, 933 So. 2d 1292 (Fla. 4th DCA 2006), once again confronting Rule 1.420(e). In Rubio, this Court reversed an order dismissing a case for lack of prosecution, finding sufficient activity on the face of the record during the relevant time period (Rubio’s notice of dep…
Authorities Cited
- Gloriann Wilson v. Eva J. Salamon, M.D., 923 So. 2d 363 (Fla. 2005)