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STATE, DEPT. OF HIGHWAY SAFETY v. BERG

No. 4D09-3711.

45 So.3d 573 (2010)

STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Appellant, v. Jason BERG, Appellee.

District Court of Appeal of Florida, Fourth District.

October 20, 2010.

Attorney(s) appearing for the Case

Robin Lotane , General Counsel, and Jason Helfant , Assistant General Counsel, Lake Worth, for appellant.

Fredrick R. Susaneck of Levine & Susaneck, P.A., West Palm Beach, for appellee.

STEVENSON, J.

The Florida Department of Motor Vehicles (DMV) challenges an order dismissing an action for lack of prosecution between DMV and petitioner Jason Berg and requiring DMV's counsel to make a $250 donation to the Palm Beach County law library as a sanction for her failure to appear at a "status conference for lack of prosecution." We affirm the dismissal, but reverse the order to the extent that it imposes a sanction upon counsel.

Here, after none...

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