Balbin v. Wayne
District Court of Appeal of Florida
1Per curiam
We reverse the order dismissing the appellant’s complaint for lack of prosecution pursuant to Florida Rules of Civil Procedure, rule 1.420, where the record reflects that within the one year period preceding the motion, the appellant filed his responses to request for production and interrogatories propounded by the appellee. We conclude that this record activity was sufficient to withstand dismissal of this cause pursuant to rule 1.420. See generally Titusville Assocs. v. Epoch Management, Inc., 702 So.2d 1309, 1310 (Fla. 5th DCA 1997); Cravens v. Kulubis, 694 So.2d 780, 781 (Fla. 2d DCA…
2Cases cited5 opinions
- Liuzzo v. CrapoDistrict Court of Appeal of Florida · 1987
- Bush v. Univest Real Estate Corp.District Court of Appeal of Florida · 1994
- AMERICAN CAS., READING, PA. v. HessDistrict Court of Appeal of Florida · 1995
- Cravens v. KulubisDistrict Court of Appeal of Florida · 1997
- Titusville Associates v. Epoch Management, Inc.District Court of Appeal of Florida · 1997