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CRISTANCHO v. VILLAGE HOMES IN BONAVENTURE HOMEOWNERS ASS'N, INC.

No. 90-1837.

580 So.2d 658 (1991)

Gabriel CRISTANCHO, Maria Cristancho, Santo Mazzei, Maria Mazzei, Individually and On Behalf of All Those Similarly Situated, Appellants, v. VILLAGE HOMES IN BONAVENTURE HOMEOWNERS ASSOCIATION, INC., a Florida Corporation Not-for-Profit, Gale Venture Corp., a Florida Corporation, Bon West Inc., a Florida Corporation D/B/a Village Homes in Bonaventure, a Florida Joint Venture, Robert J. Gale, Henry E. Marks, Eric D. Isenbergh, Arnold H. Gottfried, Stan Fried, Shirley Reeves, Ron Grossman, and Joe Heffernan, Jointly and Severally, Appellees.

District Court of Appeal of Florida, Fourth District.

June 5, 1991.

Attorney(s) appearing for the Case

Jules E. Mazzarantani of Wurtenberger & Schottenfeld, P.A., Plantation, for appellants.

Shelley H. Leinicke of Wicker, Smith, Blomqvist, Tutan, O'Hara, McCoy, Graham & Lane, Fort Lauderdale, for appellees — Village Homes in Bonaventure, Home-owners Ass'n, Inc., Robert J. Gale, Henry E. Marks, Eric D. Isenbergh, Arnold H. Gottfried, Stan Fried, Shirley Reeves, Ron Grossman, and Joe Heffernan.

PER CURIAM.

We reverse the order dismissing this case under rule 1.420(e) for failure to prosecute. We conclude that plaintiffs' notice of deposition and request to produce, filed six days before the lapse of one year, precluded such a dismissal because these discovery requests constitute "activity by filing of pleadings * * * or otherwise" within the meaning of rule 1.420(e).

REVERSED.

ANSTEAD and WARNER...

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