BEVAN v. D'ALESSANDRO

No. 80-1662.

395 So.2d 1285 (1981)

Briam BEVAN, Appellant, v. Joseph P. D'ALESSANDRO, As State Attorney for the Twentieth Judicial Circuit, Appellee.

District Court of Appeal of Florida, Second District.

April 1, 1981.


Attorney(s) appearing for the Case

Brian Bevan, pro se.

Jim Smith, Atty. Gen., Pamela L. Lutton, Asst. Atty. Gen., and Mary K. Kraemer, Certified Legal Intern, Tallahassee, for appellee.


BOARDMAN, Judge.

Brian Bevan appeals the trial court's dismissal with prejudice of his replevin action for failure to prosecute. The court's dismissal was entered after appellant had entered a voluntary dismissal. We reverse.

On October 20, 1978, appellant filed a complaint for return of a certain taped conversation, which he claimed he was entitled to pursuant to an agreement with the state attorney. It was dismissed with leave to amend, and appellant filed...

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