GIELCHINSKY v. POOL PEOPLE, INC.

No. 4D09-4391.

52 So.3d 843 (2011)

Robert GIELCHINSKY and Wendy Gielchinsky, Appellants, v. The POOL PEOPLE, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

February 9, 2011.


Attorney(s) appearing for the Case

Byron G. Petersen of Byron G. Petersen P.A., Fort Lauderdale, for appellants.

Jeffrey B. Shalek of Phillips, Cantor & Shalek, P.A., Hollywood, for appellee.


PER CURIAM.

We reverse the circuit court's August 3, 2009 order dismissing the case for "lack of activity . . . pursuant to rule 1.420." Prior to dismissal, no notice contemplated by Florida Rule of Civil Procedure 1.420(e) had been served. See, e.g., Fla. R. Civ. P. Form 1.989. Judge Padovano explains the mechanics of the rule:

As a prerequisite to filing a motion to dismiss under the rule, the defending party must serve notice on the claimant that...

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