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ALPERT v. CONCORD FLORIDA INC.

No. 76-467.

343 So.2d 664 (1977)

Irving ALPERT, Administrator of the Estate of Jack Paul, Deceased, Appellant, v. The CONCORD FLORIDA, INC., a Florida Corporation, D/B/a Concord Cafeteria, et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 1, 1977.

Attorney(s) appearing for the Case

Gershon S. Miller, Miami Beach, for appellant.

Corlett, Merritt, Killian & Sikes, Greene & Cooper, Miami, for appellees.

Before HENDRY, C.J., and PEARSON and HUBBART, JJ.

PER CURIAM.

This is an appeal from an order of dismissal with prejudice against appellant Irving Alpert, administrator of the Estate of Jack Paul, deceased, for failure to file a motion for substitution within 90 days from the filing of a suggestion of death as prescribed by Fla.R.Civ.P. 1.260(a)(1), and from an order denying appellant's notice to vacate the order of dismissal on the grounds of alleged excusable neglect.

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