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MIRANDA v. VOLVO NORTH AMERICA CORP.

No. 3D98-3145.

763 So.2d 536 (2000)

Mercedes Diaz MIRANDA, Appellant, v. VOLVO NORTH AMERICA CORP., d/b/a Volvo Cars of North America; The Collection; Progressive Casualty Ins. Corp.; Angelo's Paint & Body Shop, Inc.; and Hartford Insurance, Appellees.

District Court of Appeal of Florida, Third District.

July 26, 2000.

Attorney(s) appearing for the Case

Arthur Joel Berger, Miami, for appellant.

Shirley Jean McEachern, Naples and Jon D. Derrevere, West Palm Beach; Adrian D. Ferradaz, Miami; Rumberger, Kirk & Caldwell and Joshua D. Lerner and Mark E. Grimes, Miami, for appellees.

Before COPE, FLETCHER and SHEVIN, JJ.

SHEVIN, Judge.

Mercedes Diaz Miranda appeals the dismissal of her amended complaint for lack of prosecution. We reverse.

In Hall v. Metropolitan Dade County, 760 So.2d 1051 (Fla. 3d DCA 2000), this court reiterated the well-settled principle that filing a notice of deposition constitutes record activity sufficient to defeat a motion to dismiss for lack of prosecution.

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