RUBIO v. CUBA

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.