DONNER v. CITY OF MIAMI

No. 96-373.

695 So.2d 390 (1997)

Miriam DONNER and Arthur J. Morburger, Appellants, v. CITY OF MIAMI, et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 25, 1997.


Attorney(s) appearing for the Case

Arthur J. Morburger, Miami, in proper person.

Arthur J. Morburger, Miami, for Miriam Donner.

Gaebe, Murphy, Mullen & Antonelli, and Michael J. Murphy, Coral Gables, for appellees.

Before SCHWARTZ, C.J., and COPE and GERSTEN, JJ.


PER CURIAM.

Affirmed.

SCHWARTZ, C.J., and GERSTEN, J., concur.

COPE, J., dissents.

COPE, Judge (dissenting).

I respectfully dissent.

The majority opinion affirms the dismissal of a postjudgment motion for attorney's fees for failure to prosecute. I do not believe that Florida Rule of Civil Procedure 1.420(e) should be extended to postjudgment civil proceedings outside of the mortgage foreclosure context discussed in the Frohman...

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