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TURCIO v. CARNIVAL CRUISE LINES, INC.

No. 98-588.

727 So.2d 1138 (1999)

Jose Francisco TURCIO, Appellant, v. CARNIVAL CRUISE LINES, INC., Appellee.

District Court of Appeal of Florida, Third District.

March 17, 1999.

Attorney(s) appearing for the Case

Charles R. Lipcon; Cooper & Wolfe, and Sharon L. Wolfe, for appellant.

Mase & Gassenheimer, and James D. Gassenheimer, for appellee.

Before JORGENSON, GERSTEN, and SORONDO, JJ.

CONFESSION OF ERROR

PER CURIAM.

The appellee correctly concedes that the trial court erred in dismissing the case for lack of prosecution because the record reveals that documents were filed within the year preceding the motion to dismiss. Accordingly, because there was record activity within one year, we reverse and remand to the trial court for further proceedings. See Scharlin v. Broward County Property Appraisal Adjustment Board,

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