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OGLESBY v. DEPARTMENT OF REVENUE

No. 2D04-3018.

931 So.2d 256 (2006)

Jerry Rollins OGLESBY, Appellant, v. DEPARTMENT OF REVENUE; Mensh & MacIntosh, P.A.; Tracey Arnold-Hitchcock; Thomas J. Walsh; Michael A. Coffee; Joseph J. Navarra; Judge Ralph C. Stoddard; Glenda S. Oglesby; Judge Manuel Menendez, Jr.; and All Judges in the Thirteenth Judicial Circuit, Appellees.

District Court of Appeal of Florida, Second District.

June 21, 2006.

Attorney(s) appearing for the Case

Jerry Rollins Oglesby, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Diana K. Bock and Yvette Acosta-McMillian, Assistant Attorneys General, Tampa, for Appellee Department of Revenue.

Jason M. Azzarone, Marlene S. Reiss, and Stephens Lynn Klein of Stephens, Lynn, Klein, LaCava, Hoffman & Puya, P.A., Tampa, for Appellees Mensh & MacIntosh, P.A.; Tracey Arnold-Hitchcock; and Thomas J. Walsh.

No appearance for Appellees Michael A. Coffee; Joseph J. Navarra; Judge Ralph C. Stoddard; Glenda S. Oglesby; Judge Manuel Menendez, Jr.; and All Judges in the Thirteenth Judicial Circuit.

ALTENBERND, Judge.

Jerry Rollins Oglesby appeals a final order dismissing his complaint for failure to prosecute. We reverse because the record does not contain a motion to dismiss for failure to prosecute that would permit dismissal in light of Mr. Oglesby's November 14, 2004, record activity. See Wilson v. Salamon, 923 So.2d 363 (Fla.2005).

A dismissal for failure to prosecute...

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