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CAPE ROYAL REALTY, INC. v. KROLL

No. 5D01-732.

804 So.2d 605 (2002)

CAPE ROYAL REALTY, INC., Appellant, v. Kathleen J. KROLL, Appellee.

District Court of Appeal of Florida, Fifth District.

January 18, 2002.

Attorney(s) appearing for the Case

Marybeth McDonald of McDonald & Rodgers, P.A., Orlando and Elizabeth C. Wheeler of Wheeler & Wilkinson, LLP, Orlando, for Appellant.

Charles R. Stack and Michael W. Dwyer of Hugh, Stack, Palahach & Cruanes, Melbourne, for Appellee.

LAMBERT, BRIAN D., Associate Judge.

The issue on appeal is whether this court has jurisdiction to review a non-final order granting Kathleen J. Kroll's motion to set aside the final order of dismissal entered for lack of prosecution.

More than a year after the last record activity in this case, Cape Royal Realty, Inc., as the defendant below in this negligence action, filed a motion to dismiss for lack of prosecution. Fla. R. Civ. P. 1.420(e). On January 18...

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