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DEWITT EXCAVATING, INC. v. WALTERS

No. 93-2213.

642 So.2d 833 (1994)

DEWITT EXCAVATING, INC., Appellant/Cross-Appellee, v. Clarence Frank WALTERS, Jr., et al., Appellees/Cross-Appellants.

District Court of Appeal of Florida, Fifth District.

September 23, 1994.

Attorney(s) appearing for the Case

Jennings L. Hurt, III and Kathleen S. Cumming of Rissman, Weisberg, Barrett, Hurt, Donahue & McLain, P.A., Orlando, for appellant/cross-appellee.

David C. Beers of Beers, Jack, Tudhope & Wyatt, P.A., Maitland, for appellees/cross-appellants.

GOSHORN, Judge.

Dewitt Excavating, Inc. appeals the final judgment in favor of plaintiffs below, Clarence Walters and his wife, Kimberly. Dewitt argues the court erred in denying its motion to dismiss the case for plaintiffs' failure to prosecute, and alternatively, the court erroneously calculated the amount of the damages. Only the contention concerning the damage award has merit.

Clarence Walters was involved in a car accident with Pramwattee Hashim in...

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