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CITY OF MIAMI v. U.S. FIDELITY & GUAR. CO.

No. 89-2510.

566 So.2d 928 (1990)

CITY OF MIAMI, Appellant, v. UNITED STATES FIDELITY & GUARANTY COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

September 18, 1990.

Attorney(s) appearing for the Case

Jorge L. Fernandez, City Atty., Alejandro Vilarello, Chief Asst. City Atty., and Kathryn S. Pecko, Asst. City Atty., for appellant.

Wicker, Smith, Blomqvist, Tutan, O'Hara, McCoy, Graham & Lane, P.A., and Shelley H. Leinicke, Fort Lauderdale, for appellee.

Before FERGUSON, JORGENSON and COPE, JJ.

JORGENSON, Judge.

The City of Miami appeals from an order dismissing its action for failure to prosecute. We affirm.

This action has been pending for nine years. In 1981, Arratin Sturrup filed a negligence action against the City of Miami. In June 1983, the City filed a cross-claim against United States Fidelity & Guaranty Company [USF & G]. The claim by Sturrup was dismissed with prejudice. In May, 1984, the trial court set the cross-claim for trial...

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