BOLT v. SMITH

No. 91-349.

594 So.2d 864 (1992)

Richard A. BOLT, M.D., Appellant, v. Alvin SMITH, M.D. and Reverend Hal Marchman, Appellees.

District Court of Appeal of Florida, Fifth District.

March 6, 1992.


Attorney(s) appearing for the Case

Donald E. Christopher and Melanie M. Ruta of Litchford, Christopher & Milbrath, P.A., Orlando, for appellant.

Richard B. Rosier and John A. Wilkerson of Rosier, Ebbets, Armstrong & Morello, Daytona Beach, for appellee Alvin Smith, M.D.

Laurence H. Bartlett of Black, Crotty, Sims, Hubka, Burnett, Bartlett and Samuels, Daytona Beach, for appellee Reverend Hal Marchman.


GOSHORN, Chief Judge.

This is an appeal from the trial court's order dismissing this cause for failure to prosecute pursuant to Florida Rule of Civil Procedure 1.420(e). The record shows that a trial judge who had previously recused himself mistakenly entered an order setting the case for trial and then subsequently set aside that order. The appellees argue that these actions had the effect of a continuance and obligated the appellant (plaintiff below) to re-notice...

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