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BRIGHTMAN v. CARTER

No. 91-1251.

596 So.2d 1144 (1992)

Sharon BRIGHTMAN and Irvin Brightman, Appellants, v. James Nolan CARTER, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied April 30, 1992.

Attorney(s) appearing for the Case

Robert J. Catalano, Taunton, Massachusetts, for appellants.

Patrick Dekle, Tampa, for appellees James Nolan Carter and J. Nolan Carter, P.C.

Lora A. Dunlap and Susan B. Collingwood of Fisher, Rushmer, Werrenrath, Keiner, Wack & Dickson, P.A., Orlando, for appellees Michael O'Brien, Michael O'Brien, P.C., James Hooper, James Hooper, P.C., and O'Brien and Hooper, P.A.

PER CURIAM.

AFFIRMED.

HARRIS and PETERSON, JJ., concur.

GRIFFIN, J., dissents with opinion.

GRIFFIN, Judge, dissenting.

Florida Rule of Civil Procedure 1.420(e) provides:

All actions in which it appears on the face of the record that no activity by filing of pleadings, order of court or otherwise has occurred for a period of one year shall be dismissed... .

Case law has firmly established, however, that not just any...

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