Cisko v. Phoenix Medical Products, Inc.

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED. IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT PEGGY S. CISKO, Appellant, v. PHOENIX MEDICAL PRODUCTS, INC. Appellee. ) ) ) ) ) ) ) ) ) ) Case No. 2D05-5640 Opinion filed June 14, 2006. Appeal from the Circuit Court for Collier County; Daniel R. Monaco, Judge. Douglas L. Wilson of The Wilson Law Firm, Naples, for Appellant. Cathy S. Reiman of Roetzel & Andress, L.P.A., Naples, for Appellee. WHATLEY, Judge. We reverse the order dismissing Cisko s complaint for lack of prosecution pursuant to Florida Rule of Civil Procedure 1.420(e) because there was, on the face of the record, activity within the one-year period, i.e., an interrogatory served by Cisko. See Wilson v. Salamon, 923 So. 2d 363 (Fla. 2005). Reversed and remanded; Cisko s complaint reinstated. ALTENBERND and CASANUEVA, JJ., Concur. -2-

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