No. 82-2626 | Fla. Dist. Ct. App. | Apr 26, 1983

PER CURIAM.

Since both the plaintiff’s deposition, Latimore v. Matthews, 340 So. 2d 1261" date_filed="1976-12-23" court="Fla. Dist. Ct. App." case_name="Latimore v. Matthews">340 So.2d 1261 (Fla. 3d DCA 1976), and her motion to amend the complaint by interlineation, see Mueller v. North Broward Hospital District, 403 So. 2d 581" date_filed="1981-09-09" court="Fla. Dist. Ct. App." case_name="Mueller v. North Broward Hospital District">403 So.2d 581 (Fla. 4th DCA 1981), were filed within a year of the motion to dismiss for lack of prosecution under Fla.R.Civ.P. 1.420(e), the order of dismissal under review was erroneous and is reversed. American Salvage & Jobbing Co. v. Salomon, 367 So. 2d 716" date_filed="1979-02-20" court="Fla. Dist. Ct. App." case_name="AM. SALVAGE & JOBBING CO., INC. v. Salomon">367 So.2d 716 (Fla. 3d DCA 1979); Shalabey v. Memorial Hospital of South Broward Hospital District, 253 So. 2d 712" date_filed="1971-10-27" court="Fla. Dist. Ct. App." case_name="Shalabey v. MEMORIAL HOSP. OF S. BROWARD HOSP. DIST.">253 So.2d 712 (Fla. 4th DCA 1971), cert. denied, 257 So. 2d 562" date_filed="1972-01-28" court="Fla." case_name="Ogle v. Pepin">257 So.2d 562 (Fla.1972).

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