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BOOSINGER v. DAVIS

No. 2D10-1280.

46 So.3d 152 (2010)

Richard BOOSINGER and Brenda Bardelang, Appellants, v. John Bertrand DAVIS, M.D.; Island Facial Plastic & Ent Surgery, P.A., a Florida Professional Association; Jonathan R. Kob, D.O.; and Jonathan R. Kob, D.O., P.A., a Florida Professional Association, Appellees.

District Court of Appeal of Florida, Second District.

October 22, 2010.

Attorney(s) appearing for the Case

Sharon M. Sabel, Esq. , Boca Raton, for Appellants.

Shannon Kain and Dinah Stein of Hicks , Porter, Ebenfeld & Stein, P.A., Miami, and Benito H. Diaz of Benito H. Diaz, P.A., Coral Gables, for Appellees John Bertrand Davis, M.D., and Island Facial Plastic & ENT Surgery, P.A.

No Appearance by remaining Appellees.

KHOUZAM, Judge.

Richard Boosinger and Brenda Bardelang, his wife, appeal an order denying their motion for relief from a final order of dismissal and for reinstatement of their cause of action. We reverse.

In September 2008, the trial court clerk of court generated a "notice of lack of prosecution" and a "motion to dismiss for lack of prosecution and notice of hearing" in Mr. Boosinger's and Ms. Bardelang's case pursuant...

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