FUZZELL v. E.I. DuPONT DE NEMOURS & CO.

No. 5D07-797.

987 So.2d 1271 (2008)

Frank C. FUZZELL, et al., Appellant, v. E.I. DuPONT DE NEMOURS & COMPANY, INC., et al., Appellee.

District Court of Appeal of Florida, Fifth District.

August 15, 2008.


Attorney(s) appearing for the Case

Patrice A. Talisman, of Hersch & Talisman, P.A., and Ratiner & Lagos, P.A., Miami, for Appellant.

Michael L. Rosen, Daniel F. Molony and David S. Johnson of Shook, Hardy & Bacon, L.L.P., Tampa, for Appellees.


PALMER, C.J.

Frank and Lois Fuzzell, and Fuzzell Wholesale Nursery (collectively "the Fuzzells") appeal the final order entered by the trial court dismissing their complaint for lack of prosecution.1 Concluding that the trial court applied the wrong version of the rule in dismissing the complaint, we reverse.

This products liability action was filed in 1994. On March 29, 2005, the trial court entered an order staying all discovery...

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