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MARTIN v. HACSI

No. 5D04-2807.

909 So.2d 935 (2005)

Cynthia MARTIN, Appellant, v. Henry Andrew HACSI, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied September 8, 2005.

Attorney(s) appearing for the Case

Michael A. Shiffman, Daytona Beach, and Bill McCabe, Longwood, for Appellant.

Charles W. Hall and Mark D. Tinker of Fowler White Boggs Banker P.A., St. Petersburg, for Appellee.

PETERSON, J.

Cynthia Martin appeals the dismissal of her personal injury action against Henry Hacsi, who died after Martin filed her complaint. The attorney of record representing Hacsi before his death initiated the dismissal by filing a motion for enforcement of Florida Rule of Civil Procedure 1.260(a) when Martin failed to move to substitute a party defendant within 90 days after a suggestion of death was filed by the attorney. In ordering the dismissal of the...

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