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TRAVELERS INS. CO. v. SMITH

No. 4D00-1508.

773 So.2d 1199 (2000)

The TRAVELERS INSURANCE COMPANY, a corporation, Appellant, v. Ronald SMITH, trading as Smith Construction Company, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 22, 2001.

Attorney(s) appearing for the Case

Kevin R. Jackson of Haley, Sinagra & Perez, P.A., Fort Lauderdale, for appellant.

Michael R. Tilley, Boca Raton, for appellee.

PER CURIAM.

We reverse the trial court's order dismissing Counts I through IX of Traveler's Insurance Company's complaint for failure to prosecute under Fla. R. Civ. P. 1420(e). Because a summary partial judgment had been entered on these counts and all issues raised therein were finally adjudicated on their merits, these counts were not subject to dismissal for lack of prosecution. Further, the summary partial judgment was under a stay of execution, which precluded...

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