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MALER v. BAPTIST HOSP. OF MIAMI, INC.

No. 87-1771.

532 So.2d 79 (1988)

James MALER, Jr., a Minor Child by and through His Mother and Natural Guardian Joni Maler, Individually, and James Maler, Sr., Individually, Appellants, v. BAPTIST HOSPITAL OF MIAMI, INC. and David Gair, M.D., Appellees.

District Court of Appeal of Florida, Third District.

October 18, 1988.

Attorney(s) appearing for the Case

Adams, Hunter, Angones, Adams, Adams & McClure and Christopher Lynch, Miami, for appellants.

Parenti & Falk and Hayes G. Wood, Fowler, White, Burnett, Hurley, Banick & Strickroot and Steven E. Stark, Miami, for appellees.

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

PER CURIAM.

We reverse the order under review and remand for further proceedings upon a holding that: (1) the trial court erred in refusing to consider an affidavit of good cause filed by the plaintiffs/appellants one day prior to the hearing on the defendants/appellees' motions to dismiss for lack of prosecution under Fla.R.Civ.P. 1.420(e) because no prejudice to the defendants/appellees was shown due to the aforesaid late-filed affidavit (the affidavit was filed...

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