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PEREZ v. UNGER

No. 90-1148.

571 So.2d 67 (1990)

Raul H. PEREZ, Appellant, v. Hugh S. UNGER, M.D., et al., Appellees.

District Court of Appeal of Florida, Third District.

December 11, 1990.

Attorney(s) appearing for the Case

Raul H. Perez, in pro. per.

George Hartz Lundeen & Flagg and Esther E. Galicia, Coral Gables, Parenti & Falk and Norman M. Waas, Miami, for appellees.

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

SCHWARTZ, Chief Judge.

We hold that the trial court abused its discretion in dismissing the pro se plaintiff's claim with prejudice for his failure to appear at the calendar call and for trial, in the light of the undisputed fact that Perez was then an incarcerated state prisoner who was totally unable to attend. Leone v. Florida Power Corp., 567 So.2d 992 (Fla. 1st DCA 1990); Clay v. City of Margate,

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