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DYE v. SECURITY PACIFIC FINANCIAL SERVICES, INC.

No. 1D01-3352.

828 So.2d 1089 (2002)

Ferman G. DYE, Appellant, v. SECURITY PACIFIC FINANCIAL SERVICES, INC., Appellee.

District Court of Appeal of Florida, First District.

October 30, 2002.

Attorney(s) appearing for the Case

Walter Bell, Jacksonville, for Appellant.

Marshall G. Reissman, St. Petersburg, for Appellee.

ERVIN, J.

This is an appeal from a final order dismissing a cause of action for failure to prosecute. One year after defendant Security Pacific had filed its motion to dismiss the complaint for failure to state a cause of action, it filed a motion to dismiss the action for failure to prosecute. We agree with appellant Dye that because the earlier motion had not been disposed of, the duty to proceed rested upon the lower court. We therefore reverse and remand with...

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