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ABADDON, INC. v. SCHINDLER

No. 4D01-4347.

826 So.2d 436 (2002)

ABADDON, INC., a Delaware corporation authorized to do business in the State of Florida, Appellant, v. Edwin D. SCHINDLER and Judith Ann S. Gentry, as Personal Representative of the Estate of John A. Gentry, III, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 8, 2002.

Attorney(s) appearing for the Case

Edward A. Marod of Edward A. Marod, P.A., West Palm Beach, for appellant.

John P. Wiederhold of Wiederhold, Moses & Rubin, P.A., West Palm Beach, for appellee Judith Ann Gentry.

W. Todd Boyd and Alon Barzakay of Katz, Barron, Squitero & Faust, P.A., Miami, for appellee Edwin D. Schindler.

WARNER, J.

The trial court dismissed Abaddon, Inc.'s case for failure to prosecute because it found that a motion to appoint a commissioner to take a deposition in another state was not record activity designed to move the case to a conclusion. We reverse, concluding that there was sufficient record activity to avoid dismissal.

In 1995, Abaddon had filed a legal malpractice claim against its attorneys, Schindler and Gentry, for their representation in another...

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