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KODNER v. FLORIDA POWER AND LIGHT CO.

No. 96-0883.

693 So.2d 1122 (1997)

Russ KODNER, Appellant, v. FLORIDA POWER AND LIGHT COMPANY, Philip Pearlman and Alan Scharf, individually and respectively, offices and general partners of # 700 Market Associate IV; Stirling Associates, Ltd.; Chatam Development Corporation; and Con Am Management Corporation; Appellees.

District Court of Appeal of Florida, Fourth District.

May 21, 1997.

Attorney(s) appearing for the Case

Gary Marks of Gary Marks, P.A., Fort Lauderdale, for appellant.

Helen Leen Miranda of Haddad, Josephs, Jack, Gaebe & Markarian, Coral Gables, for appellee Florida Power and Light Company.

Edward D. Schuster of Kessler, Massey, Catri, Holton & Kessler, P.A., Fort Lauderdale, for appellees # 700 Market Associate IV, Stirling Associates, Ltd., Chatam Development Corporation, and Con Am Management Corporation.

POLEN, Judge.

Russel Kodner appeals from an order dismissing his personal injury action for lack of prosecution. We reverse.

Florida Rule of Civil Procedure 1.420(e), provides as follows with regard to when an action can be dismissed for failure to prosecute:

Failure to Prosecute. 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 1 year shall...

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