Rubio v. Cuba

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2006 ADRIAN RUBIO, Appellant, v. JAMES CUBA and J.G. O'NEILL, INC., a Florida corporation d/b/a DELRAY ACURA, Appellees. No. 4D05-3603 [ August 2, 2006 ] 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 the Florida Supreme Court in Wilson v. Salamon, 923 So. 2d 363 (Fla. 2005). Reversed and Remanded. KLEIN and SHAHOOD, JJ., concur. * * * Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Diana Lewis, Judge; L.T. Case No. 502002CA005916XXANAF. 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. Not final until disposition of timely filed motion for rehearing.

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