Lynch v. United Distributors, Inc.

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2005 GEOFFREY LYNCH, Appellant, v. UNITED DISTRIBUTORS, INC., Appellee. No. 4D04-4764 [December 7, 2005] SHAHOOD, J. We reverse the order dismissing appellant s second amended complaint for lack of prosecution pursuant to rule 1.420(e), Florida Rules of Civil Procedure, because there was, on the face of the record, activity within the one-year period, i.e., appellant s notice of compliance with discovery. See Fla. R. Civ. P. 1.420; Wilson v. Salamon, 30 Fla. L. Weekly S701 (Fla. Oct. 20, 2005). Reversed and Remanded. STEVENSON, C.J., and POLEN, J., concur. * * * Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Karen Miller, Judge; L.T. Case No. 502001CA 013150XX0CAA. Ronald J. Zeller of Zeller & Associates, L.L.C., West Palm Beach, for appellant. Sally Still and Christine D. Hanley of Christine D. Hanley & Associates, P.A., West Palm Beach, for appellee. Not final until disposition of timely filed motion for rehearing.

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