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BEVERLY ENTERPRISES-FLORIDA, INC. v. LANE

No. 5D03-2900.

855 So.2d 1172 (2003)

BEVERLY ENTERPRISES-FLORIDA, INC., Petitioner, v. Celia Mae LANE, Respondent.

District Court of Appeal of Florida, Fifth District.

October 3, 2003.

Attorney(s) appearing for the Case

Daniel S. Green and Melody M. Dietsch of Ullman & Kurpiers, L.L.C., Tampa for Petitioner.

No Appearance for Respondent.

PLEUS, J.

Beverly Enterprises-Florida, Inc., the defendant in a nursing home negligence action, seeks certiorari review of a non-final order reinstating the underlying action. The complaint was dismissed without prejudice for failure to prosecute. See generally Fla. R. Civ. P. 1.420(e). The circuit court later reversed its ruling and reinstated the action.

By nullifying its earlier ruling and reinstating the action...

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