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Rubio v. Cuba

District Court of Appeal of Florida, Fourth District
Aug 2, 2006
933 So. 2d 1292 (Fla. Dist. Ct. App. 2006)

Summary

In Rubio, this Court reversed an order dismissing a case for lack of prosecution, finding sufficient activity on the face of the record during the relevant time period (Rubio's notice of deposition), and cited Wilson.

Summary of this case from Mourning v. Ballast

Opinion

No. 4D05-3603.

August 2, 2006.

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Diana Lewis, Judge; L.T. Case No. 502002CA005916XXANAF.

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

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


Adrian 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 the Florida Supreme Court in Wilson v. Salamon, 923 So.2d 363 (Fla. 2005).

Reversed and Remanded.

KLEIN and SHAHOOD, JJ., concur.


Summaries of

Rubio v. Cuba

District Court of Appeal of Florida, Fourth District
Aug 2, 2006
933 So. 2d 1292 (Fla. Dist. Ct. App. 2006)

In Rubio, this Court reversed an order dismissing a case for lack of prosecution, finding sufficient activity on the face of the record during the relevant time period (Rubio's notice of deposition), and cited Wilson.

Summary of this case from Mourning v. Ballast

In Rubio, this Court reversed an order dismissing a case for lack of prosecution, finding sufficient activity on the face of the record during the relevant time period (Rubio's notice of deposition), and cited Wilson.

Summary of this case from Mourning v. Ballast Nedam Constr.
Case details for

Rubio v. Cuba

Case Details

Full title:Adrian RUBIO, Appellant, v. James CUBA and J.G. O'Neill, Inc., a Florida…

Court:District Court of Appeal of Florida, Fourth District

Date published: Aug 2, 2006

Citations

933 So. 2d 1292 (Fla. Dist. Ct. App. 2006)

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Mourning v. Ballast Nedam Constr.

Id. at 158-159. The eleventh bright-line rule case is Rubio v. Cuba, 933 So. 2d 1292 (Fla. 4th DCA 2006),…