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NORMAN v. DARVILLE

No. 2D06-4022.

964 So.2d 864 (2007)

John L. NORMAN, Appellant, v. Wyndel G. DARVILLE and Office of State Attorney, Appellees.

District Court of Appeal of Florida, Second District.

September 19, 2007.

Attorney(s) appearing for the Case

John L. Norman, pro se.

Daniel E. Scott of Daniel E. Scott, P.A., Sarasota, for Appellees.

STRINGER, Judge.

John L. Norman seeks review of the trial court's order dismissing his case for lack of prosecution pursuant to Florida Rule of Civil Procedure 1.420(e). We reverse because the trial court erred in determining that there was no record activity within ten months of service of the notice of lack of prosecution.

Rule 1.420(e) provides for dismissal for failure to prosecute when "it appears on the face...

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