Escalona v. Kersten, 96-579

Citation682 So.2d 223
Decision Date06 November 1996
Docket NumberNo. 96-579,96-579
Parties21 Fla. L. Weekly D2376 Felix ESCALONA, Appellant, v. Karl KERSTEN, Individually, and as Trustee of K & VBar Corporation, a dissolved Florida corporation, and Steven L. Jones, Appellees.
CourtCourt of Appeal of Florida (US)

Alan Bryce Grossman, Miami, for appellant.

Robert J. Merlin, Coral Gables, for appellees.

Before BARKDULL, GODERICH and GREEN, JJ.

PER CURIAM.

Felix Escalona appeals from a final order of the trial court which dismissed the second amended complaint for lack of prosecution. It is conceded that Escalona filed a notice of hearing on Jones' motion to dismiss the second amended complaint within the one year period established by the Florida Rule of Civil Procedure 1.420(e), and we find that the filing of a notice of hearing is record activity within the meaning of the rule. Heinz v. Watson, 615 So.2d 750, 753 (Fla. 5th DCA), rev. denied, 624 So.2d 266 (Fla.1993).

The omission of the date in the certificate of service was not so egregious as to render the certificate a nullity in this instance.

Reversed and remanded for further proceedings.

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2 cases
  • Moossun v. Orlando Regional Health Care
    • United States
    • Florida Supreme Court
    • 20 Junio 2002
    ...763 So.2d 536, 537 (Fla. 3d DCA 2000); Garland v. City of Delray Beach, 685 So.2d 1392, 1394 (Fla. 4th DCA 1997); Escalona v. Kersten, 682 So.2d 223, 223 (Fla. 3d DCA 1996). Finally, district courts also commonly hold that the act of simply sending a letter to the trial judge is "sufficient......
  • NEI v. Foodtech Hialeah, Inc.
    • United States
    • Florida District Court of Appeals
    • 21 Febrero 2001
    ...an unresolved motion, they most assuredly would have constituted record activity within the meaning of the rule. See Escalona v. Kersten, 682 So.2d 223 (Fla. 3d DCA 1996); Heinz v. Watson, 615 So.2d 750, 753 (Fla. 5th DCA 1993). However, because these notices were directed to a motion alrea......

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