John L. NORMAN, Appellant,
v.
Wyndel G. DARVILLE and Office of State Attorney, Appellees.
District Court of Appeal of Florida, Second District.
John L. Norman, pro se.
Daniel E. Scott of Daniel E. Scott, P.A., Sarasota, for Appellees.
STRINGER, Judge.
John L. Norman seeks review of the trial court's order dismissing his case for lack of prosecution pursuant to Florida Rule of Civil Procedure 1.420(e). We reverse because the trial court erred in determining *865 that there was no record activity within ten months of service of the notice of lack of prosecution.
Rule 1.420(e) provides for dismissal for failurе to prosecute when "it appears on thе face of the record that no activity by filing of pleadings, order of court, or otherwise has occurred for a period of 10 months." Norman filed a сomplaint against Wyndel Darville and the Office of the State Attorney (together "the Defendants") on March 11, 2004. On February 24, 2006, the Defendants filed a notice of laсk of prosecution, in which they alleged that there had been ten months of record inactivity. The last dоcument filed by Norman was a change of address filed on May 31, 2005, which was less than ten months prior to the notiсe of lack of prosecution. Prior to that, Norman had filed a response to a defensive motion to dismiss on March 2, 2005.
Norman argues that the change of address he filed on May 31, 2005, constituted record аctivity sufficient to preclude dismissal of his action against the Defendants. In its order dismissing the complaint, the trial court determined that the change of address did not constitute record activity because it did not "advance[] this action toward resolution." While this used to be the standard for determining whether record aсtivity was sufficient to preclude dismissal for failure to prosecute, the supreme court expressly rеceded from this standard in Wilson v. Salamon,
Wilson has uniformly been interpreted to mean that any document appearing in the record within one year prior to the filing of a motion to dismiss precludes the entry of dismissal for failurе to prosecute. See Reddy v. Farkus,933 So.2d 595 , 598 (Fla. 5th DCA 2006) (notice of canсellation of hearing precludes dismissal); Walker v. McDonough,929 So.2d 1127 , 1128 (Fla. 4th DCA 2006) (notiсe of change of address and notice of аbsence from jurisdiction preclude dismissal); Hunnewell v. Palm Beach County,925 So.2d 468 , 470 (Fla. 4th DCA 2006) (entry оf order denying motion to dismiss precludes dismissal); Richards v. Sheriff of Palm Beach County,925 So.2d 1166 , 1168 (Fla. 4th DCA 2006) (filing of motion to withdraw precludes dismissal); Nie v. Beaux Gardens Assoc., Ltd.,923 So.2d 1200 (Fla. 3d DCA 2006) (filing of notices for pretrial conference and notice for case management conference preclude dismissal).
Diamond Drywall Sys., Inc. v. Mashan Contractors, Inc.,
Reversed.
DAVIS and VILLANTI, JJ., Concur.