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ELEGELE v. HALBERT

No. 5D03-3518.

890 So.2d 1272 (2005)

Joseph ELEGELE, Appellant, v. Stanley E. HALBERT, etc., Appellee.

District Court of Appeal of Florida, Fifth District.

January 21, 2005.

Attorney(s) appearing for the Case

Joseph Elegele, Orlando, pro se.

Christa Mansholt-Choy of Conroy, Simberg, Ganon, Krevans & Abel, P.A., Hollywood, for Appellee.

SHARP, W., J.

Joseph Elegele, the plaintiff in a legal malpractice action, appeals an order which dismissed his lawsuit for lack of prosecution. Elegele contends he never received notice of the hearing on the motion to dismiss and there was sufficient activity to preclude dismissal. Because the record does not refute Elegele's claim regarding notice, we would ordinarily remand for a new hearing. However, the record also...

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