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ALVAREZ v. MERRIAM-CALLAHAN INSURANCE AGENCY, INC.

No. 1D02-1413.

843 So.2d 1022 (2003)

Stephen F. ALVAREZ d/b/a S & J Alvarez Farms, Appellant, v. MERRIAM-CALLAHAN INSURANCE AGENCY, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, First District.

May 6, 2003.

Attorney(s) appearing for the Case

Linda L. Winchenbach, of Moody & Salzman, P.A., Gainesville, for Appellant.

Robert E. O'Quinn, Jr., and Pamela Lynde Bower, Jacksonville, for Appellee.

PER CURIAM.

The transferee court did not have authority under Florida Rule of Civil Procedure 1.060(c) to dismiss the action. Furthermore, dismissal under the circumstances presented in this case constituted an abuse of discretion. Here, the transfer fee had been paid immediately after appellant's attorneys became aware of the problem, only a few days after the 30-day period provided in the rule and several weeks before...

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