RAPCIAK v. CARNIVAL CORP.

No. 3D01-1547.

825 So.2d 475 (2002)

John RAPCIAK, Appellant, v. CARNIVAL CORPORATION, etc., et al., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 20, 2002.


Attorney(s) appearing for the Case

Ambrose & Cushing, P.C., and John Ambrose (Chicago, IL), for appellant.

Kaye, Rose & Maltzman, LLP, and Jeffrey B. Maltzman, Miami and Darren W. Friedman, for appellee.

Before JORGENSON, GODERICH, and SHEVIN, JJ.


PER CURIAM.

John Rapciak, the plaintiff below, appeals from an order dismissing his complaint. We find no error in the trial court's dismissal of the complaint as to defendant Carnival Corporation for the plaintiff's failure to comply with the agreed order. See Fla. R. Civ. P. 1.420(b). However, the trial court erred in dismissing the case as to the remaining defendants, which were not parties to the agreed order and had not yet appeared in the case.

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