Abu-Hamdeh ex rel. Abu-Hamdeh v. Romero-Bolumen

Appellant, the plaintiff below, appeals from an order dismissing her medical malpractice action with prejudice under Fla. R. Civ. P. 1.420(e). We have jurisdiction, Art. V, § 4(b)(1), and affirm with the reservation that the dismissal should have been a dismissal without prejudice.1

*881On April 14, 2003, the appellee/co-defen-dant, Dr. Ileana Romero-Bolumen, filed a motion to dismiss for failure to prosecute. The motion was filed subsequent to the filing by the plaintiff of a notice of taking the deposition of appellee/co-defendant Dr. Eduardo Bolumen just a week earlier. The deposition never…