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NETZLEY v. MAGINNESS

No. 2D01-904.

806 So.2d 596 (2002)

Trisha L. NETZLEY, Appellant, v. Ella Fay MAGINNESS; Esquire Limousine Service, Inc., a dissolved Florida corporation; Frank I. Shade, Jr., individually; and Frank I. Shade, Sr., individually, Appellees.

District Court of Appeal of Florida, Second District.

February 1, 2002.

Attorney(s) appearing for the Case

William S. Galvano of Grimes, Goebel, Grimes, Hawkins & Gladfelter, P.A., Bradenton, for Appellant.

No appearance for Appellee, Ella Fay Maginness.

W. Scott Hamilton and James L. Price of Whitaker & Hamilton, P.A., Bradenton, for Appellees Esquire Limousine Service, Inc.; Frank I. Shade, Jr.; and Frank I. Shade, Sr.

ALTENBERND, Judge.

Trisha L. Netzley appeals an order dismissing her complaint for failure to prosecute. Because she served discovery within the relevant one-year window, this is a case in which record activity existed at the time the trial court dismissed the action. Under the guidelines announced in Del Duca v. Anthony, 587 So.2d 1306 (Fla. 1991), we conclude that Ms. Netzley's action should not have been dismissed.

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