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Florida District Courts of Appeal, 1984

Gold Coast Graphics, Inc. v. Rachline

Gold Coast Graphics, Inc. v. Rachline
Florida District Courts of Appeal · Decided March 20, 1984 · Barkdull, Hubbart, Nesbitt
448 So. 2d 544; 1984 Fla. App. LEXIS 12423 (Southern Reporter, Second Series)

Gold Coast Graphics, Inc. v. Rachline

Opinion of the Court

PER CURIAM.

The order dismissing the complaint for lack of prosecution with prejudice is reversed upon a holding that: (a) the notice of taking a deposition constituted activity sufficient to preclude dismissal, Silverman *545v. Equifax Services, Inc., 420 So.2d 928 (Fla. 3d DCA 1982); (b) a dismissal for failure to prosecute may not be “with prejudice,” McDaniel v. Onkey, 422 So.2d 70 (Fla. 2d DCA 1982).

Reversed.

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