MOORE v. McCLUSKEY

No. 4D03-3190.

875 So.2d 760 (2004)

Warren MOORE, Appellant, v. Edward H. McCLUSKEY, William Barnett, and Paul Lovito, Appellees.

District Court of Appeal of Florida, Fourth District.

June 16, 2004.


Attorney(s) appearing for the Case

Alan Dagen of Law Offices of Alan Dagen, P.A., Fort Lauderdale, for appellant.

No appearance filed for appellees.


MAY, J.

A trial court's reaction to the plaintiff's request for an extension of time to serve one of three defendants resulted in the dismissal of the plaintiff's complaint. The plaintiff argues that the trial court abused its discretion in dismissing the action. We agree and reverse.

On July 9, 2002, the plaintiff filed a complaint against Edward H. McCluskey, William Barnett, and Paul Lovito for breach of fiduciary duty, breach of duty of loyalty, and fraud...

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