Rubio v. Cuba

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

Decided August 2, 2006.

District Court of Appeal of Florida · decided 2006-08-02

Cited by 2 later decisions — most recently July 2011

2 state decisions

Relies on 923 So. 2d 363 - Wilson v. Salamon

Good law ✅— No negative treatment on recordhow we know

Decided 2006-08-02

View the full empirical analysis of this case →

¶1Steven H. Meyer of Steven H. Meyer, P.A., Boca Raton, for appellant.

¶2Jonathan A. Berkowitz of Vernis & Bowling of Palm Beach, P.A., North Palm Beach, for appellees.

¶3TAYLOR, J.

¶4Adrian 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).

¶5Reversed and Remanded.

¶6KLEIN and SHAHOOD, JJ., concur.