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Florida District Courts of Appeal, 1989

Horwitz v. Montego Bay Corp.

Horwitz v. Montego Bay Corp.
Florida District Courts of Appeal · Decided March 1, 1989 · Anstead, Downey, Leonard, Rivkind
538 So. 2d 982; 14 Fla. L. Weekly 571; 1989 Fla. App. LEXIS 993; 1989 WL 16133 (Southern Reporter, Second Series)

Horwitz v. Montego Bay Corp.

Opinion of the Court

PER CURIAM.

This is an appeal from a final order dismissing appellant’s complaint for lack of prosecution pursuant to rule 1.420(e) of the Florida Rules of Civil Procedure.

A review of the record on appeal in this cause reveals that there was record activity within one year prior to the filing of appel-lee’s motion to quash service and dismiss.

*983Accordingly, the dismissal for lack of prosecution is reversed and this cause is remanded for further proceedings.

DOWNEY and ANSTEAD, JJ., and RIVKIND, LEONARD, Associate Judge, concur.

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