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STERN v. HOME DEPOT

No. 93-0965.

647 So.2d 913 (1994)

J. Walter STERN, Appellant, v. The HOME DEPOT, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 17, 1995.

Attorney(s) appearing for the Case

Gary A. Chernay of Cohen, Chernay, Norris, Morici, Weinberger & Harris, North Palm Beach, for appellant.

Michele I. Nelson of Paxton, Crow, Bragg, Smith & Keyser, P.A., West Palm Beach, for appellee.

KLEIN, Judge.

Plaintiff appeals a dismissal for lack of prosecution, arguing that it was unnecessary for him to take any action during the one year which passed after the case was not reached on a trial docket. We affirm.

Plaintiff was injured in 1986 and filed suit in 1988. After the case was set for trial in March 1990, plaintiff obtained an order of continuance which stated that the matter would be reset on motion...

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