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SURIA v. RUGGLES CONST. CO.

No. 89-112.

552 So.2d 1129 (1989)

Francisco SURIA, Appellant, v. RUGGLES CONSTRUCTION COMPANY, a Florida Corporation, and Lonnie Wright, an Individual, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 14, 1989.

Attorney(s) appearing for the Case

Alan J. Hodin and Max R. Price, Miami, and Kenneth D. Fink, for appellant.

Stephens, Lynn, Klein & McNicholas and Debra J. Snow, Miami, for appellees.

Before NESBITT, LEVY and GERSTEN, JJ.

PER CURIAM.

At the call of the trial calendar, Suria's counsel took a voluntary dismissal pursuant to Florida Rule of Civil Procedure 1.420(a). The action was recommenced and then dismissed ex parte for failure of Suria to pay the costs to the defendant which had been previously assessed against him pursuant to Florida Rule of Civil Procedure 1.420(d). Through counsel, he sought to set aside dismissal of this action on the claim that he was indigent. The trial court...

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