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PETERZELL v. JAMES URBACH, M.D., P.A.

No. 85-1742.

497 So.2d 921 (1986)

Joel PETERZELL, Appellant, v. JAMES URBACH, M.D., P.A., Appellee.

District Court of Appeal of Florida, Fifth District.

November 13, 1986.

Attorney(s) appearing for the Case

Thomas J. McLaughlin, South Miami, for appellant.

Francis E. Pierce, III, of Gurney & Handley, P.A., Orlando, for appellee.

SHARP, Judge.

Peterzell appeals from an order granting appellee's motion to dismiss for failure to prosecute.1 The record discloses that although there was a one year gap in time (December 7, 1983 to December 13, 1984) in which there was no record activity in the case, on December 13, 1984, Peterzell filed a notice for trial. On December 27, 1984, appellee filed a motion to dismiss, which the trial court granted. We reverse.

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