TURCIO v. CARNIVAL CRUISE LINES INC (1999)

District Court of Appeal of Florida,Third District.

Jose Francisco TURCIO, Appellant, v. CARNIVAL CRUISE LINES, INC., Appellee.

No. 98-588

Decided: March 17, 1999

Before JORGENSON, GERSTEN, and SORONDO, JJ.

Charles R. Lipcon; Cooper & Wolfe, and Sharon L. Wolfe, for appellant. Mase & Gassenheimer, and James D. Gassenheimer, for appellee.

CONFESSION OF ERROR

The appellee correctly concedes that the trial court erred in dismissing the case for lack of prosecution because the record reveals that documents were filed within the year preceding the motion to dismiss. Accordingly, because there was record activity within one year, we reverse and remand to the trial court for further proceedings. See Scharlin v. Broward County Property Appraisal Adjustment Board, 500 So.2d 345 (Fla. 4th DCA 1987).

Reversed and remanded.

PER CURIAM.

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