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J & S INSTALLATION SPECIALIST, INC. v. MABRY

No. 2D03-44.

857 So.2d 346 (2003)

J & S INSTALLATION SPECIALIST, INC., Appellant, v. Cheryl D. MABRY, as Personal Representative of the Estate of Richard W. Mabry, deceased, Appellee.

District Court of Appeal of Florida, Second District.

October 22, 2003.

Attorney(s) appearing for the Case

Adam S. Goldstein of Adam S. Goldstein, P.A., St. Petersburg, for Appellant.

William J. Hornbeck, II, of William J. Hornbeck, II, P.A., St. Petersburg, for Appellee.

WALLACE, Judge.

The issue raised by this appeal is whether a creditor's claim filed in an estate administration proceeding is barred after an independent action brought to enforce the claim pursuant to section 733.705(4), Florida Statutes (1999), is dismissed for lack of prosecution. In accordance with our prior decision in Hogan v. Howard, 716 So.2d 286 (Fla. 2d DCA 1998), we conclude that the dismissal of the independent...

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