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CANDY STORE v. CARIBBEAN TRADE WINDS CONDO.

No. 85-161.

478 So.2d 119 (1985)

CANDY STORE CORP., Appellant, v. CARIBBEAN TRADE WINDS CONDOMINIUM ASSOCIATION, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

November 13, 1985.

Attorney(s) appearing for the Case

Peter G. Herman of Tripp, Scott, Conklin & Smith, Fort Lauderdale, for appellant.

Joseph S. Kashi of Conrad, Scherer & James, Fort Lauderdale, for appellees.

PER CURIAM.

We reverse the order dismissing appellant's cause and remand with instructions to reinstate it.

The trial court's sua sponte order dismissed appellant's cause without prejudice for two reasons:

First, it was dismissed for failure to prosecute under Rule 1.420(e), Florida Rules of Civil Procedure. This was error, per Mikos v. Sarasota Cattle Company, 453 So.2d 402 (Fla. 1984).

Second, it...

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