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ALMEIDA v. FMC CORP.

No. 98-366.

740 So.2d 557 (1999)

Clemente ALMEIDA and Juana Almeida, Appellants, v. FMC CORPORATION, a foreign corporation, et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied October 7, 1999.

Attorney(s) appearing for the Case

George M. Nachwalter, Miami; Sina Negahbani, for appellants.

Butler, Snow, O'Mara, Stevens & Cannada and Michael E. McWilliams, Jackson, Mississippi; Holland & Knight and D. Bruce Hoffman; Boehm, Brown, Seacrest, Fischer & Lefever and Susan B. Harwood, Orlando; Murai, Wald, Biondo & Moreno and Anatonio Arzola; Beirne, Maynard & Parsons and Jack E. Urquhart and Laura E. DeSantos, Houston, Texas; Anania, Bandklayder, Blackwell & Baumgarten and Douglas H. Stein; Peters, Robertson, Parsons, Welcher, Mowers & Passaro and Kimberly M. Valashinas, Ft. Lauderdale; Carlton, Fields, Ward, Emmanuel, Smith & Cutler and Jeffrey A. Cohen, for appellees.

Before COPE, GREEN, and FLETCHER, JJ.

FLETCHER, Judge.

Appellants Clemente and Juana Almeida [Almeidas] appeal the denial of their motion to set aside an order dismissing their complaint without prejudice pursuant to Florida Rule of Civil Procedure 1.070(j). We reverse.

On February 28, 1997, the Almeidas filed a personal injury action against multiple defendants, seeking damages for injuries allegedly caused by extermination chemicals. In early April 1997, the Almeidas' attorney assigned a temporary...

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