Florida District Courts of Appeal, 1992

Pope v. Sose

Pope v. Sose
Florida District Courts of Appeal · Decided December 8, 1992 · Baskin, Goderich, Hubbart
610 So. 2d 56; 1992 Fla. App. LEXIS 12690; 1992 WL 360957 (Southern Reporter, Second Series)

Pope v. Sose

Opinion of the Court

PER CURIAM.

We reverse the order dismissing the action below for lack of prosecution under Florida Rule of Civil Procedure 1.420(e) as to the defendant David Sose and remand the cause to the trial court for further proceedings based on a holding that (1) *57there was record activity directed toward disposition of the cause within one year prior to the filing of the defendant David Sose’s motion to dismiss, to wit: the issuance of a summons on the instant complaint as to the codefendant Timothy Leary, and (2) the defendant David Sose was therefore not entitled to a dismissal of the action as to him under Rule 1.420(e). Utset v. Campos, 548 So.2d 834 (Fla. 3d DCA1989).

Reversed and remanded.

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