Citations

Full opinion text

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.