DURRANCE v. WINGARE CREEK ACQUISITION CORP.

No. 2D00-4421.

868 So.2d 701 (2004)

Gene F. DURRANCE and Joyce Ann Durrance, Appellants, v. WINGATE CREEK ACQUISITION CORP., Mulberry Phosphates, Inc., and CRC Industries, Inc., Appellees.

District Court of Appeal of Florida, Second District.

April 2, 2004.


Attorney(s) appearing for the Case

Pamela Beckham of Beckham & Beckham, P.A., North Miami Beach, for Appellants.

No appearance for Wingate.

Richard R. Garland of Dickinson & Gibbons, P.A., Sarasota, for Appellee Mulberry Phosphates.

Charles W. Hall of Fowler, White, Gillen, Boggs, Villareal and Banker, P.A., St. Petersburg, for Appellee CRC.


WHATLEY, Judge.

Gene and Joyce Durrance appeal the dismissal of their suit for failure to prosecute. See Fla. R. Civ. P. 1.420(e). CRC Industries filed a confession of error, acknowledging that the trial court's order was erroneously entered pursuant to Metropolitan Dade County v. Hall, 784 So.2d 1087 (Fla.2001), which decision was issued after the dismissal was entered in the present case. We therefore reverse the...

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