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682 So. 2d 223

Escalona v. Kersten

District Court of Appeal of Florida

Decided November 6, 1996

District Court of Appeal of Florida · decided 1996-11-06

Cited by 2 later decisions — most recently June 2002

2 state decisions

Relies on 624 So. 2d 263 - Jones v. Jones · Heinz v. Watson

Good law ✅— No negative treatment on recordhow we know

Decided 1996-11-06

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PER CURIAM.

¶1Felix Escalona appeals from a final order of the trial court which dismissed the second amended complaint for lack of prosecution. It is conceded that Escalona filed a notice of hearing on Jones’ motion to dismiss the second amended complaint within the one year period established by the Florida Rule of Civil Procedure 1.420(e), and we find that the filing of a notice of hearing is record activity within the meaning of the rule. Heinz v. Watson, 615 So.2d 750, 753 (Fla. 5th DCA), rev. denied, 624 So.2d 266 (Fla.1993).

¶2The omission of the date in the certificate of service was not so egregious as to render the certificate a nullity in this instance.

¶3Reversed and remanded for further proceedings.

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