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McMILLAN v. HORAN

No. 93-573.

632 So.2d 1091 (1994)

Robert E.W. McMILLAN, III, Appellant, v. John W. HORAN, Individually, and John W. Horan, As Personal Representative of the Estate of Harry E. Ward and John W. Horan, As Trustee, under Painters Hill Trust Agreement, Appellee.

District Court of Appeal of Florida, Fifth District.

February 25, 1994.

Attorney(s) appearing for the Case

Clifford A. Taylor, Bunnell, for appellant.

Patrick H. Weidenbenner, West Palm Beach, for appellee.

PER CURIAM.

The trial court's order dismissing the plaintiff's complaint with prejudice for failure of the plaintiff to file an amended complaint within the time allotted by court order is reversed on the authority of Kozel v. Ostendorf, 629 So.2d 817 (Fla. 1994) (corrected opinion). That decision now requires a trial court to consider six factors prior to determining the appropriate sanction for a plaintiff's failure to...

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