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HOUSER v. COUNTY OF VOLUSIA

No. 5D08-926.

25 So.3d 75 (2009)

Justin K. HOUSER, Appellant, v. COUNTY OF VOLUSIA, etc., Appellee.

District Court of Appeal of Florida, Fifth District.

December 18, 2009.

Attorney(s) appearing for the Case

Robert N. Reynolds of Robert N. Reynolds, P.A., Winter Park, for Appellant.

Nancye R. Jones, DeLand, for Appellee.

PER CURIAM.

We review this case to determine if the trial court abused its discretion when it dismissed this negligence action as a sanction for dilatory behavior by Appellant's counsel, Appellant, or both. Although the record is replete with allegations of dilatory behavior,1 because the trial court did not make the requisite findings of fact to support the dismissal, pursuant to Kozel v. Ostendorf...

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