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GOLD COAST GRAPHICS, INC. v. RACHLINE

District Court of Appeal of Florida, Third District.
May 2, 1984

PER CURIAM.

The order dismissing the complaint for lack of prosecution with prejudice is reversed upon a holding that: (a) the notice of taking a deposition constituted activity sufficient to preclude dismissal, Silverman v. Equifax Services, Inc., 420 So.2d 928 (Fla. 3d DCA 1982); (b) a dismissal for failure to prosecute may not be "with prejudice," McDaniel v. Onkey, 422 So.2d 70 (Fla. 2d DCA 1982).

Reversed.