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LECLAIRE v. SCHNEIDER

No. 90-0671.

579 So.2d 925 (1991)

Stephen LECLAIRE, Appellant, v. Eugene SCHNEIDER and Rose Schneider, His Wife, Appellees.

District Court of Appeal of Florida, Fourth District.

June 5, 1991.

Attorney(s) appearing for the Case

Leon R. Margules, Entin, Schwartz, Goldman, Margules, Moore & Sarnoff, Miami, for appellant.

Michael A. Nugent of Michael A. Nugent, Attorney At Law, West Palm Beach, for appellees.

PER CURIAM.

We dismiss appellant's appeal of the trial court order that denied his motion to dismiss based upon Florida Rule of Civil Procedure 1.1070(j) (case dismissed if service of initial process and pleading not made within 120 days of filing initial pleading). That order is a non appealable non-final order. See Cole v. Posadap, 555 So.2d 367 (Fla. 3d DCA 1989).

However, we reverse the denial of appellant's motion...

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