Florida District Courts of Appeal, 2006

Cisko v. Phoenix Medical Products, Inc.

Cisko v. Phoenix Medical Products, Inc.
Florida District Courts of Appeal · Decided June 14, 2006 · Altenbernd, Casanueva, Whatley
930 So. 2d 853; 2006 Fla. App. LEXIS 9410; 2006 WL 1642016 (Southern Reporter, Second Series)

Cisko v. Phoenix Medical Products, Inc.

Opinion of the Court

WHATLEY, Judge.

We reverse the order dismissing Cisko’s complaint for lack of prosecution pursuant to Florida Rule of Civil Procedure 1.420(e) because there was, on the face of the record, activity within the one-year period, i.e., an interrogatory served by Cisko. See Wilson v. Salamon, 923 So.2d 363 (Fla. 2005).

Reversed and remanded; Cisko’s complaint reinstated.

ALTENBERND and CASANUEVA, JJ., Concur.

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