TROW V. SAMS

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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 A.D., 2004 BRUCE TROW, ** Appellant, vs. ** ** MURRAY SAMS, Jr., and SAMS, LISTER & HOLLON, P.A., CASE NO. 3D03-2332 ** ** Appellees. LOWER TRIBUNAL NO. 01-20494 ** Opinion filed November 17, 2004. An Appeal from the Circuit Court for Miami-Dade County, Marc Schumacher, Judge. Adams Coogler Watson Merkel Gadarian Graham, for appellant. Barry & Kelner; Marjorie Sams Martin Lister and Alvarez, for appellees. Before LEVY and RAMIREZ, JJ., and DAUKSCH, James C., Jr., Senior Judge. PER CURIAM. Plaintiff appeals from an order granting the defendants motion to dismiss for lack of prosecution. Because the record on its face establishes that there was record activity in the year preceding the filing of the motion, we reverse. Gelb v. Mirand, 456 So. 2d 548 (Fla. 3d DCA 1984); Kenet v. Stein, 326 So. 2d 36 (Fla. 3d DCA 1976). REVERSED AND REMANDED 2

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