Florida District Courts of Appeal, 2005

McLaughlin v. Miami-Dade County

McLaughlin v. Miami-Dade County
Florida District Courts of Appeal · Decided March 23, 2005 · Schwartz, Shepherd, Suarez
895 So. 2d 1285; 2005 Fla. App. LEXIS 4470; 2005 WL 662666 (Southern Reporter, Second Series)

McLaughlin v. Miami-Dade County

Opinion of the Court

PER CURIAM.

Because, as a matter of law, the only occurrence of record during the year prior to dismissal, that is, the filing of a notice of appearance by counsel for defendant, does not constitute record activity sufficient to avoid the effect of Florida Rule of Civil Procedure 1.420(e), Nesbitt v. Cmty. Health of S. Dade, Inc., 566 So.2d 1 (Fla. 3d DCA 1989); Nat’l Enters., Inc. v. Foodtech Hialeah, Inc., 777 So.2d 1191 (Fla. 3d DCA 2001)(rehearing en banc); Moransais v. Jordan, 870 So.2d 177 (Fla. 2d DCA 2004), the order of dismissal is affirmed.

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