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Adrian RUBIO, Appellant, v. James CUBA and J.G. O'Neill, Inc., a Florida corporation d/b/a Delray Acura, Appellees.

TAYLOR, J.

Adrian Rubio appeals the trial court's dismissal of his personal injury action for failure to prosecute. We agree with appellant that his filing of a notice of deposition, even though the deposition was subsequently cancelled, was sufficient record activity to preclude dismissal of the action under the bright-line test announced by the Florida Supreme Court in Wilson v. Salamon, 923 So.2d 363 (Fla. 2005).

Reversed and Remanded.

KLEIN and SHAHOOD, JJ., concur.

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RUBIO v. CUBA
(Aug 2, 2006)