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HAWTHORNE v. WESLEY

No. 2D11-1446.

82 So.3d 1183 (2012)

James HAWTHORNE, Appellant, v. Scotty J. WESLEY, Fire Equipment Service Inc., and Gevity HR, Inc., Appellees.

District Court of Appeal of Florida, Second District.

March 16, 2012.

Attorney(s) appearing for the Case

Constance Daniels , Brandon, for Appellant.

Sidney M. Crawford and Benjamin L. Crawford of Crawford Law Group, P.A., Lakeland, for Appellees Fire Equipment Services, Inc. and Scotty J. Wesley.

Shelley H. Leinicke of Wicker, Smith, O'Hara, McCoy & Ford, P.A., Ft. Lauderdale, for Appellee Gevity HR, Inc.

PER CURIAM.

James Hawthorne appeals the order dismissing his complaint against Scotty Wesley, Fire Equipment Service, and Gevity HR with prejudice. We are very sympathetic to the trial court's and the Appellees' frustration with Hawthorne's failure to set this case for trial. But we must reverse because the trial court failed to consider the factors set forth in Kozel v. Ostendorf, 629 So.2d 817, 818 (Fla.1993), for determining...

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