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MARTINEZ v. FUENMAYOR

No. 88-16.

533 So.2d 935 (1988)

Anthony MARTINEZ, Appellant, v. Joaquin FUENMAYOR, M.D.; Harold Kushner, M.D., and Anthony Maniglia, M.D., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 11, 1989.

Attorney(s) appearing for the Case

Patricia Graham Williams, Miami, for appellant.

Parenti & Falk and Hayes G. Wood, Miami, for appellees.

Before SCHWARTZ, C.J., HUBBART and JORGENSON, JJ.

PER CURIAM.

The final orders dismissing the action below for lack of prosecution under Fla.R.Civ.P. 1.420(e) are affirmed based on the following briefly stated legal analysis. First, there was no record activity in the instant action for one year prior to the filing of appellees' motion to dismiss, save for a motion to strike sham pleadings and an affidavit in support thereof which was filed by a non-party who was mistakenly served as a defendant in this cause...

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