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Escalona v. Kersten

District Court of Appeal of Florida, Third District
Nov 6, 1996
682 So. 2d 223 (Fla. Dist. Ct. App. 1996)

Opinion

No. 96-579.

November 6, 1996.

Appeal from the Circuit Court, Dade County, Herbert M. Klein, J.

Alan Bryce Grossman, Miami, for appellant.

Robert J. Merlin, Coral Gables, for appellees.

Before BARKDULL, GODERICH and GREEN, JJ.


Felix Escalona appeals from a final order of the trial court which dismissed the second amended complaint for lack of prosecution. It is conceded that Escalona filed a notice of hearing on Jones' motion to dismiss the second amended complaint within the one year period established by the Florida Rule of Civil Procedure 1.420(e), and we find that the filing of a notice of hearing is record activity within the meaning of the rule. Heinz v. Watson, 615 So.2d 750, 753 (Fla. 5th DCA), rev. denied, 624 So.2d 266 (Fla. 1993).

The omission of the date in the certificate of service was not so egregious as to render the certificate a nullity in this instance.

Reversed and remanded for further proceedings.


Summaries of

Escalona v. Kersten

District Court of Appeal of Florida, Third District
Nov 6, 1996
682 So. 2d 223 (Fla. Dist. Ct. App. 1996)
Case details for

Escalona v. Kersten

Case Details

Full title:Felix ESCALONA, Appellant, v. Karl KERSTEN, Individually, and as Trustee…

Court:District Court of Appeal of Florida, Third District

Date published: Nov 6, 1996

Citations

682 So. 2d 223 (Fla. Dist. Ct. App. 1996)

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