Rubio v. Cuba
Rubio v. Cuba
933 So. 2d 1292; 2006 WL 2135777
(Southern Reporter, Second Series)
Rubio v. Cuba
Opinion
Adrian RUBIO, Appellant,
v.
James CUBA and J.G. O'Neill, Inc., a Florida corporation d/b/a Delray Acura, Appellees.
District Court of Appeal of Florida, Fourth District.
Steven H. Meyer of Steven H. Meyer, P.A., Boca Raton, for appellant.
Jonathan A. Berkowitz of Vernis & Bowling of Palm Beach, P.A., North Palm Beach, for appellees.
TAYLOR, J.
Adrian Rubio appeals the trial court's dismissal of his personal injury action for failure to prosecute. We agree with appellant that his filing of a notice of deposition, even though the deposition was subsequently cancelled, was sufficient record activity to preclude dismissal of the action under the bright-line test announced by *1293 the Florida Supreme Court in Wilson v. Salamon, 923 So.2d 363 (Fla. 2005).
Reversed and Remanded.
KLEIN and SHAHOOD, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.