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ALLEN v. ORLANDO REGIONAL MEDICAL CENTER

No. 97-813.

709 So.2d 168 (1998)

Gregory ALLEN, a minor, etc., et al., Appellants, v. ORLANDO REGIONAL MEDICAL CENTER, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

March 27, 1998.

Attorney(s) appearing for the Case

Martin Trpis, of Ashcraft & Gerel, Washington, DC, and John Militana, of Militana, Militana & Militana, Miami, for Appellants.

Greg A. Fencik and Richard L. Allen, Jr., of Mateer & Harbert, P.A., Orlando, for Appellees.

GRIFFIN, Chief Judge.

This is the appeal of an order dismissing the suit below for lack of prosecution pursuant to Florida Rule of Civil Procedure 1.420(e). There was a single item of record activity by the plaintiffs below within the year preceding the filing of the motion to dismiss, consisting of a notice of service of plaintiffs' second Request for Production of documents. It was served six days before the anniversary date of the last record activity.

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