Fields v. Florida Farm Bureau Casualty Insurance Co.
District Court of Appeal of Florida
1Opinion of the Court
FRANK D. UPCHURCH, Jr., Judge. .
Fields appeals from an order dismissing this cause for lack of prosecution under Florida Rule of Civil Procedure 1.420(e).
We reverse because the record reflects activity prior to the motion to dismiss. Within the one year period before the motion to dismiss was filed, Fields perfected service of process on Florida Farm Bureau. Service of process upon a defendant constitutes record activity. Rivera v. A.M.I.F., Inc., 417 So.2d 304 (Fla. 3d DCA 1982).
REVERSED and REMANDED.
ORFINGER, C.J., and COBB, J., concur.
2Cases cited1 opinion
- Rivera v. AMIFDistrict Court of Appeal of Florida · 1982
3Cited by2 opinions
- Dixie Insurance Company v. FederickDistrict Court of Appeal of Florida · 1984
- Glassalum Engineering v. 392208 Ontario Ltd.District Court of Appeal of Florida · 1986