WALKER v. NOLKE

No. 92-990.

614 So.2d 655 (1993)

John WALKER, Appellant, v. John NOLKE, etc., Appellee.

District Court of Appeal of Florida, Fifth District.

February 26, 1993.


Attorney(s) appearing for the Case

William N. Asma of Asma & Wright, P.A., Winter Garden, for appellant.

Brett L. Swigert of Gaylord & Gaylord, P.A., Eustis, for appellee.


GOSHORN, Chief Judge.

John Walker appeals from the final order dismissing his case with prejudice. He argues that the trial court abused its discretion in ordering dismissal in light of the particular circumstances of this case. We agree and reverse.

Walker, a general contractor, was owed money by Anthony Nolke; however, Nolke died before paying Walker. Walker filed a claim for $15,360 in the probate action under Case No. 88-978CP. Walker and appellee John...

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