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HELM v. FOOTE

No. 2D02-663.

841 So.2d 639 (2003)

McArthur HELM, Appellant, v. Sally H. FOOTE, for the Estate of Johnie Will Helm, Sr., deceased; Johnnie Helm-James; Johnie Will Helm, Jr., and Leslie Helm-Smalls, Appellees.

District Court of Appeal of Florida, Second District.

April 4, 2003.

Attorney(s) appearing for the Case

McArthur Helm, pro se, Appellant.

Marie A. Borland and Brett J. Preston of Hill, Ward & Henderson, P.A., Tampa, for Appellees, Sally H. Foote and Thompson & Foote, P.A.

FULMER, Judge.

McArthur Helm ("Helm"), a state prisoner, appeals the dismissal of his claim against the estate of Johnie Will Helm, Sr., the appellant's father. The trial court dismissed Helm's claim for failure to prosecute. We reverse because the trial court was not authorized to dismiss the claim for failure to prosecute where the underlying probate action remains pending. Further, the trial court did not provide Helm with an adequate opportunity to participate...

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