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DURIE v. HANSON

No. 96-768.

691 So.2d 485 (1997)

Jack F. DURIE, Jr., Appellant, v. Michael HANSON, Appellee.

District Court of Appeal of Florida, Fifth District.

January 24, 1997.

Attorney(s) appearing for the Case

Sharon Lee Stedman of Sharon Lee Stedman, P.A., Orlando, for Appellant.

C. Allen Watts of Cobb Cole & Bell, Daytona Beach, for Appellee.

GOSHORN, Judge.

Jack F. Durie, Jr. appeals the final order dismissing his complaint against Michael Hanson with prejudice.1 Durie contends that the trial court erred in entering the order because his previously filed voluntary dismissal divested the court of jurisdiction to do so. Hanson answers that, by failing to attend the hearing on his motion to dismiss, Durie has waived this argument on appeal. We agree with Durie and reverse.

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