BALBIN v. WAYNE

No. 98-387.

730 So.2d 845 (1999)

Cesar BALBIN, Appellant, v. Robert WAYNE, Appellee.

District Court of Appeal of Florida, Third District.

April 21, 1999.


Attorney(s) appearing for the Case

Kohlman & Mack, P.A. and Robert F. Kohlman, Miami, for appellant.

Robert Wayne and Margaret Hesford, Miami, for appellee.

Before SCHWARTZ, C.J., and JORGENSON and GREEN, JJ.


PER CURIAM.

We reverse the order dismissing the appellant's complaint for lack of prosecution pursuant to Florida Rules of Civil Procedure, rule 1.420, where the record reflects that within the one year period preceding the motion, the appellant filed his responses to request for production and interrogatories propounded by the appellee. We conclude that this record activity was sufficient to withstand dismissal of this cause pursuant to rule 1.420. See generally...

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