Rubio v. Cuba
This text of 933 So. 2d 1292 (Rubio v. Cuba) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Adrian RUBIO, Appellant,
v.
James CUBA and J.G. O'Neill, Inc., a Florida corporation d/b/a Delray Acura, Appellees.
District Court of Appeal of Florida, Fourth District.
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.
TAYLOR, J.
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 *1293 the Florida Supreme Court in Wilson v. Salamon, 923 So.2d 363 (Fla.2005).
Reversed and Remanded.
KLEIN and SHAHOOD, JJ., concur.
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933 So. 2d 1292, 2006 WL 2135777, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rubio-v-cuba-fladistctapp-2006.