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NOUGHTON v. HOOKER

No. 2D05-1444.

941 So.2d 1176 (2006)

Larry W. NOUGHTON and Karolyn Noughton, Appellants, v. W. Ross HOOKER, individually; Platinum Contracting, Inc., a Florida corporation; and Butler Manufacturing Co., a Missouri corporation authorized to do business in the State of Florida, Appellees.

District Court of Appeal of Florida, Second District.

October 18, 2006.

Attorney(s) appearing for the Case

Karl C. Landsteiner of Karl C. Landsteiner, P.A., Fort Myers, for Appellants.

Richard M. Marchewka, Fort Myers, for Appellees W. Ross Hooker and Platinum Contracting, Inc.

Kim E. Howard of Henderson, Franklin, Starnes & Holt, P.A., Fort Myers, for Appellee Butler Manufacturing Co.

CANADY, Judge.

The plaintiffs, Larry W. Noughton and Karolyn Noughton, appeal a trial court order dismissing for failure to prosecute their complaint against defendants W. Ross Hooker, Platinum Contracting, Inc., and Butler Manufacturing Co. The Noughtons raise three points on appeal. We address only one point, which we conclude requires reversal of the trial court's order.

In June 1999, the Noughtons filed a complaint...

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