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Florida District Courts of Appeal, 1999

Turcio v. Carnival Cruise Lines, Inc.

Turcio v. Carnival Cruise Lines, Inc.
Florida District Courts of Appeal · Decided March 17, 1999 · Gersten, Jorgenson, Sorondo
727 So. 2d 1138; 1999 Fla. App. LEXIS 3113; 1999 WL 141838 (Southern Reporter, Second Series)

Turcio v. Carnival Cruise Lines, Inc.

Opinion of the Court

CONFESSION OF ERROR

PER CURIAM.

The appellee correctly concedes that the trial court erred in dismissing the ease for lack of prosecution because the record reveals that documents were filed within the year preceding the motion to dismiss. Accordingly, because there was record activity within one year, we reverse and remand to the trial court for further proceedings. See Scharlin v. Broward County Property Appraisal Adjustment Board, 500 So.2d 345 (Fla. 4th DCA 1987).

Reversed and remanded.

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