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FREEMAN v. TONEY

No. 90-2201.

591 So.2d 200 (1991)

Nebuchadnezzar FREEMAN and Helen Freeman, Appellants, v. Keith Leroy TONEY and Orkin Exterminating Company Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

On Motion for Rehearing July 17, 1991.

Attorney(s) appearing for the Case

Gary Marks of Law Offices of Gary Marks, Fort Lauderdale, for appellants.

Robert H. Schwartz of Gunther & Whitaker, P.A., Fort Lauderdale, for appellees.

PER CURIAM.

We reverse. Before the trial court filed the motion and notice of hearing regarding involuntary dismissal, it entered an order directing counsel to advise it of the status of the case. Defendant Orkin responded. We hold that the trial court's order and Orkin's response constitutes record activity sufficient to prevent involuntary dismissal. In so holding, we align ourselves with Miami Beach Awning Co. v. Heart of the City, Inc.,

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