JONES v. VOLUNTEERS OF AMERICA NORTH & CENTRAL FLORIDA, INC.

No. 2D01-4261.

834 So.2d 280 (2002)

Jane JONES, as Personal Representative of the Estate of Annie P. McCoy, Appellant, v. VOLUNTEERS OF AMERICA NORTH AND CENTRAL FLORIDA, INC., a Florida nonprofit corporation d/b/a a Florida adult congregate living facility, and Kimberly S. Cullen, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied January 21, 2003.


Attorney(s) appearing for the Case

Kenneth R. Cate of Richard Mulholland and Associates, Tampa, for Appellant.

Kimberly M. Reid of Alvarez, Sambol, Winthrop & Madison, P.A., Orlando (withdrew after briefing); James B. Thompson of Thompson, Goodis, Thompson, Groseclose & Richardson, P.A., St. Petersburg (substituted as counsel of record), for Appellee Volunteers of America North and Central Florida, Inc.

Edward O. Savitz of Bush, Ross, Gardner, Warren & Rudy, P.A., Tampa, for Appellee Kimberly S. Cullen.


KELLY, Judge.

Jane Jones appeals from the trial court's order granting the motions to dismiss for lack of prosecution filed by the defendants, Volunteers of America North and Central Florida, Inc., and Kimberly S. Cullen. The trial court, in its order, found that the cause was not at issue as to both defendants at the time the notice for trial was filed and, therefore, the notice was insufficient record activity to prevent dismissal. We agree and affirm.

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