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TALBERT v. MOXLEY CONST., INC.

No. 92-2487.

626 So.2d 1086 (1993)

Nancy TALBERT, Appellant, v. MOXLEY CONSTRUCTION, INC., etc., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

November 19, 1993.

Attorney(s) appearing for the Case

Seymour R. Brown, Cleveland, OH, and W. Jackson Vaughn, Melbourne, for appellant.

Vincent G. Torpy, Jr., of Frese, Fallace Nash & Torpy, P.A., Melbourne, for appellees.

PER CURIAM.

AFFIRMED. Barnett Bank of East Polk County v. Fleming, 508 So.2d 718 (Fla. 1987).

PETERSON and THOMPSON, JJ., concur.

GRIFFIN, J., dissents with opinion.

GRIFFIN, Judge, dissenting.

This is a case where the plaintiff's motion for dismissal of the lawsuit for lack of prosecution was granted, extinguishing the plaintiff's own claims but also extinguishing the defendant's pending...

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