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PADRON v. ALONSO

No. 3D07-26.

970 So.2d 399 (2007)

Enrique PADRON, Appellant, v. Alina T. ALONSO, In re: the Estate of Maria C. Alonso, Appellee.

District Court of Appeal of Florida, Third District.

November 7, 2007.

Attorney(s) appearing for the Case

Lazaro J. Lopez; Virginia Best, for appellant.

M. Emelina Mejer-Kondla, for appellee.

Before COPE and WELLS, JJ., and FLETCHER, Senior Judge.

WELLS, Judge.

Enrique Padron appeals dismissal of his probate revocation action for lack of prosecution. We reverse.

Florida Rule of Civil Procedure 1.420(e), as amended in 2005,1 addressing dismissals for failure to prosecute, governs this case. That rule provides:

Failure to Prosecute. In all actions in which it appears on the face of the record that no activity by filing of pleadings, order of court, or...

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