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Florida District Courts of Appeal, 1984

Fields v. Florida Farm Bureau Casualty Insurance Co.

Fields v. Florida Farm Bureau Casualty Insurance Co.
Florida District Courts of Appeal · Decided May 10, 1984 · Cobb, Orfinger, Upchurch
449 So. 2d 972; 1984 Fla. App. LEXIS 12997 (Southern Reporter, Second Series)

Fields v. Florida Farm Bureau Casualty Insurance Co.

Opinion of the Court

FRANK D. UPCHURCH, Jr., Judge. .

Fields appeals from an order dismissing this cause for lack of prosecution under Florida Rule of Civil Procedure 1.420(e).

We reverse because the record reflects activity prior to the motion to dismiss. Within the one year period before the motion to dismiss was filed, Fields perfected service of process on Florida Farm Bureau. Service of process upon a defendant constitutes record activity. Rivera v. A.M.I.F., Inc., 417 So.2d 304 (Fla. 3d DCA 1982).

REVERSED and REMANDED.

ORFINGER, C.J., and COBB, J., concur.

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