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FRISBIE v. GARDINER

No. 4D05-368.

917 So.2d 403 (2006)

David FRISBIE, Appellant, v. Michael GARDINER and Edmond Gardiner, Appellees.

District Court of Appeal of Florida, Fourth District.

January 4, 2006.

Attorney(s) appearing for the Case

Donna Waters Romero of Grotefeld & Denenberg, LLC, Plantation, for appellant.

Jennifer L. Gardner, West Palm Beach, for appellees.

SHAHOOD, J.

Appellant, David Frisbie, appeals the Final Judgment which dismissed his cause of action against appellees, Michael Gardiner and Edmond Gardiner, for lack of prosecution.

We reverse the dismissal of appellant's complaint for lack of prosecution because there was, on the face of the record, activity within the one-year period. See Fla. R. Civ. P. 1.420; Wilson v. Salamon, 30 Fla. L. Weekly...

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