JACQUELINE LONDON, APPELLANT,
v.
BAXTER HEALTHCARE CORPORATION, HARMAC INDUSTRIES, LLOYD GARREN AND MARY GARREN, M.D., P.A., APPELLEES
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SUAREZ, J.
Confession of Error
Jacqueline London appeals the trial court’s order dismissing her complaint for lack of prosecution. We reverse the trial court’s order. Jacqueline London filed a status report less than one month prior to the motion and order dismissing her complaint for lack of prosecution pursuant to Florida Rule of Civil Procedure 1.420(e). The trial court held that the status report was a passive filing and therefore did not toll the running of the one-year period. See Metro. Dade County v. Hall, 784 So. 2d 1087 (Fla.2001). Subsequent to the order, theFlorida Supreme Court receded from the subjective active/passive analysis of Metropolitan Dade County and set a bright line test to determine the record activity requirements of Rule 1.420(e). Wilson v. Salamon, 923 So. 2d 363 (Fla.2005). Ap-pellee has filed a confession of error in this case because of these reasons, and we concur. Ms. London’s fifing meets the Wilson bright fine test.
Reversed and remanded.
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Weston TC LLLP v. CNDP Mktg. Inc., 66 So. 3d 370 (Fla. 4th DCA 2011)…ero v. Miami-Dade Cnty., 994 So. 2d 472 (Fla. 3d DCA 2008) (a timely response to a motion to dismiss for failure to prosecute); Norman v. Darville, 964 So. 2d 864 (Fla. 2d DCA 2007) (a notice of change of address); London v. Baxter Healthcare Corp., 965 So. 2d 307 (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,…
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Padron v. Alina T. Alonso, 970 So. 2d 399 (Fla. 3d DCA 2007)…lle, 964 So. 2d 864, 865 (Fla. 2d DCA 2007) (observing “the court [in Wilson ] adopted a bright-line test that involves a review of the face of the record for ‘any activity’ in the preceding time period”); see also London v. Baxter Healthcare Corp., 965 So. 2d 307 (Fla. 3d DCA 2007) (concluding that appellant’s filing met “the Wilson bright line test”); [*401] Miami-Dade County v. Walker, 948 So. 2d 68, 70 (Fla. 3d DCA 2007) (observing that “based upon Wilson, that there was record activity precluding dismiss…
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Teresa v. Guerrero, 994 So. 2d 472 (Fla. 3d DCA 2008)…ure to prosecute. Guerrero again frustrated dismissal by timely filing a response. The court nonetheless dismissed the action for lack of prosecution. The City, citing to rule 1.420(e) and this court’s decision in London v. Baxter Healthcare Corp., 965 So. 2d 307, 307 (Fla. 3d DCA 2007), has correctly confessed error. See also Wilson v. Salamon, 923 So. 2d 363, 368 (Fla.2005) (concluding that “if a review of the face of the record reveals activity by ‘filings of pleadings, order of court, or otherwise,’ an a…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gloriann Wilson v. Eva J. Salamon, M.D., 923 So. 2d 363 (Fla. 2005)
- Metro. Dade Cnty. v. Hall, 784 So. 2d 1087 (Fla. 2001)