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BERGER v. PENIA

No. 91-01056.

596 So.2d 1126 (1992)

Paul S. BERGER, Appellant, v. Henry L. PENIA, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 22, 1992.

Attorney(s) appearing for the Case

Paul S. Berger and Lewis J. Levey of Semet, Lickstein, Morgenstern, Berger, Friend, Brooke & Gordon, P.A., Coral Gables, for appellant.

Brian P. Rush of Woodliff & Rush, P.A., Tampa, for appellee.

SCHOONOVER, Chief Judge.

The appellant, Paul S. Berger, challenges a final judgment dismissing his action against the appellee, Henry L. Penia, for failure to prosecute. We reverse.

On February 12, 1986, the appellant filed an action in Dade County, Florida, seeking to recover attorney's fees from the appellee. In 1988, one of the appellee's many motions to transfer venue to Hillsborough County was granted. The case was transferred to Hillsborough County and...

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