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DEP v. MONTCO RESEARCH PRODUCTS, INC.

No. 97-3044.

713 So.2d 1072 (1998)

DEPARTMENT OF ENVIRONMENTAL PROTECTION, etc., Appellant, v. MONTCO RESEARCH PRODUCTS, INC., et al., Appellee.

District Court of Appeal of Florida, Fifth District.

July 10, 1998.

Attorney(s) appearing for the Case

Thomas M. Beason, Assistant General Counsel of State of Florida Department of Environmental Protection, Tallahassee, for Appellant.

Linda Logan Bryan of Miller, Shine & Bryan, P.A., St. Augustine, for Appellees.

ANTOON, Judge.

The Department of Environmental Protection (DEP) appeals the final order entered by the trial court dismissing with prejudice its complaint against Montco Research Products (Montco) for lack of prosecution. The order must be reversed because DEP filed papers within one year prior to the filing of Montco's motion to dismiss.

In 1983, DEP sued Montco in circuit court alleging Montco's disposal of chemical residue contaminated the ground and surface...

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