Frisbie v. Gardiner

David FRISBIE, Appellant, v. Michael GARDINER and Edmond Gardiner, Appellees.

District Court of Appeal of Florida

Decided January 4, 2006.

District Court of Appeal of Florida · decided 2006-01-04

Cited by 2 later decisions — most recently July 2011

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2006-01-04

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¶1Donna Waters Romero of Grotefeld & Denenberg, LLC, Plantation, for appellant.

¶2Jennifer L. Gardner, West Palm Beach, for appellees.

¶3 *404 SHAHOOD, J.

¶4Appellant, David Frisbie, appeals the Final Judgment which dismissed his cause of action against appellees, Michael Gardiner and Edmond Gardiner, for lack of prosecution.

¶5We reverse the dismissal of appellant's complaint for lack of prosecution because there was, on the face of the record, activity within the one-year period. See Fla. R. Civ. P. 1.420; Wilson v. Salamon,30 Fla. L. Weekly S701, ___ So.2d ___, 2005 WL 2663432 (Fla. Oct. 20, 2005). The activity in this case was a motion to withdraw as counsel and an order granting the motion.

¶6Reversed and remanded; appellant's cause of action reinstated.

¶7STONE and KLEIN, JJ., concur.