SPECTOR, Judge.
The plaintiff appeals from an order dismissing this cause of action for failure to prosecute. Said order of dismissal was entered upon motion of the defendant, appellee herein.
At the time of the defendant's motion for the entry of the dismissal order here in question, there was pending before the trial court a notice of taking depositions filed by the appellant, which notice was filed within one year from the filing of an order by the court...
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