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NIE v. BEAUX GARDENS ASSOCIATES, LTD.

No. 3D05-935.

923 So.2d 1200 (2006)

Bryan Thomas NIE and Allen Miesch-Nie, Appellants, v. BEAUX GARDENS ASSOCIATES, LTD., et al., Appellees.

District Court of Appeal of Florida, Third District.

March 15, 2006.

Attorney(s) appearing for the Case

Frank B. Melchiore, St. Petersburg; Joel S. Perwin, for appellants.

Conroy, Simberg, Ganon, Krevans & Abel and Doreen E. Lasch and Hinda Klein, Hollywood, for appellees.

Before FLETCHER, WELLS, and SHEPHERD, JJ.

PER CURIAM.

Bryan Thomas Nie and Allen Miesch Nie, plaintiffs in this negligence action, appeal an order granting a motion to dismiss for lack of prosecution. Finding that there was record activity prior to the filing of the motion to dismiss, we reverse.

This lawsuit, arising from an August 14, 1998 trip and fall accident, was filed on September 25, 2001. On October 23, 2002, an amended complaint was filed adding appellees, Beaux Gardens Associates, Ltd....

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