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KELLY v. VICTORIA

No. 3D03-2524.

885 So.2d 878 (2004)

Luis Anibal KELLY d/b/a Brazos Honduras, Appellant, v. Oscar G. VICTORIA, Individually and as the last officer and director of Victoria Equipment and Parts, Inc., a dissolved Florida corporation, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 10, 2004.

Attorney(s) appearing for the Case

Louis C. Arslanian (Ft.Lauderdale), for appellant.

Millie Laguna, for appellee.

Before LEVY, GERSTEN, and FLETCHER, JJ.

FLETCHER, Judge.

Luis Anibal Kelly d/b/a Brazos Honduras appeals from a final order of the trial court dismissing his lawsuit for lack of prosecution. We affirm.

Kelly contends that the court, in applying Florida Rule of Civil Procedure 1.420(e)1, should utilize a "lenient standard against dismissal" to allow adjudication on the merits if the limitation period for refiling has run. Kelly does not cite to any relevant case...

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