701 So. 2d 445 | Fla. Dist. Ct. App. | 1997
Samuel J. Hannon and Samuel J. Hannon, Trustee, appeal the dismissal of their complaint against Phillip Nassr and Reliant Nursery, Inc. for lack of prosecution. We reverse the order dismissing for failure to prosecute as there was record activity, to-wit: the filing of a Notice of Taking Deposition, Supplemental Interrogatories to Defendant and a Notice for Trial, during the one-year period preceding the order.
Reversed.
. Ordinarily, the filing of a Motion to Dismiss is the event which marks the end of the one year period within which we look for record activity. In this case the order of dismissal was entered by the trial court, sua sponte. Accordingly, the filing of the order is the significant event.