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AMERICAN EXP. CO. v. HICKEY

No. 5D02-3221.

869 So.2d 694 (2004)

AMERICAN EXPRESS CO., Appellant, v. Scott HICKEY, Appellee.

District Court of Appeal of Florida, Fifth District.

April 2, 2004.

Attorney(s) appearing for the Case

Justin D. Jacobson of Jacobson, Sobo & Moselle, Plantation, for Appellant.

Howard S. Marks and Jessica K. Hew of Graham, Builder, Jones Pratt & Marks, LLP, Winter Park, for Appellee.

ORFINGER, J.

American Express Co. appeals the trial court's order dismissing its amended complaint with prejudice. Although we sympathize with the trial judge, who was understandably frustrated with the conduct of American Express's attorney, Justin D. Jacobson, we reverse the order dismissing the amended complaint with prejudice.

Following a series of missed deadlines and the failure of American Express's attorney to appear at a scheduled hearing, the trial...

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