¶1Because, 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.
895 So. 2d 1285
McLaughlin v. Miami-Dade County
District Court of Appeal of Florida
Decided March 23, 2005
District Court of Appeal of Florida · decided 2005-03-23
Relies on 777 So. 2d 1191 - NEI v. Foodtech Hialeah, Inc. · 566 So. 2d 1 - Nesbitt v. COMMUNITY HEALTH OF SO. DADE, INC. · Parkyn v. State
Decided 2005-03-23