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MICKENS v. DAMRON

No. 2D08-658.

1 So.3d 1160 (2009)

Ronnie MICKENS and Gloria J. Mickens, Appellants/Cross-Appellees, v. Allen DAMRON; Debra Damron; Allen Damron Construction Co.; Elaine P. Canady; Edith F. Rewis; Stewart Title of Polk County, Inc.; and Stewart Title Guaranty Co., Appellees/Cross-Appellants.

District Court of Appeal of Florida, Second District.

January 23, 2009.

Attorney(s) appearing for the Case

Ronnie Mickens and Gloria J. Mickens, pro se.

Robert E. Biasotti of Carlton Fields, P.A., St. Petersburg, for Appellees/Cross-Appellants.

ALTENBERND, Judge.

Ronnie and Gloria J. Mickens appeal an order dismissing their lawsuit for failure to prosecute. Because dismissal was not appropriate under Florida Rule of Civil Procedure 1.420(e), we reverse.

This case arises out of a contract between Mr. and Mrs. Mickens and Allen Damron Construction Company to build a home on property owned by Mr. and Mrs. Mickens. At one point, a circuit court judge concluded that Allen Damron Construction Company committed...

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