TORREJON V. MARTIN
Annotate this Case
Download PDF
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, 2004 WATSSON HERBERT TORREJON, etc., ** ** Appellant, vs. ** CASE NO. 3D03-963 ** ENRIQUE MARTIN, et al., ** LOWER TRIBUNAL NO. 99-01215 Appellees. ** Opinion filed September 22, 2004. An Appeal from the Circuit Court for Miami-Dade County, Peter R. Lopez, Judge. Wilson Suarez & Lopez and Manuel R. Lopez, for appellant. Bailey appellees. & Dawes, L.C., and Guy B. Bailey, Jr., for Before SCHWARTZ, C.J., and GERSTEN and GODERICH, JJ. PER CURIAM. The plaintiff, Watsson Herbert Torrejon, appeals from an order dismissing the action for lack of prosecution pursuant to Florida Rule of Civil Procedure 1.420(e). We reverse. Within the one year period established by Rule 1.420(e), the defendants, Enrique Martin, et al., filed a motion arguing that the action should be dismissed for failure to substitute parties within the 90-day time period established by Florida Rule of Civil Procedure 1.260(a)(1) [Rule 1.260(a)(1) motion to dismiss]. Although the Rule 1.260(a)(1) motion to dismiss was properly filed, it was never docketed. The filing of the defendants Rule 1.260(a)(1) motion to dismiss constitutes record disposition of the case. activity directed toward the Turcio v. Carnival Cruise Lines, Inc., 727 So. 2d 1138 (Fla. 3d DCA 1999); Simmons v. Dakal Dev. Corp., 632 So. 2d 717 (Fla. 2d DCA 1994). Further, [a] plaintiff can rely upon activity. a defendant s activities to constitute record DeVane v. P.J. Constructors, Inc., 710 So. 2d 1375. 1377 (Fla. 5th DCA 1998). Accordingly, we reverse the trial court s order dismissing the action for lack of prosecution. Reversed. 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
