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BUTLER v. INNOVATIVE MARKETING AND DISTRIBUTION, INC.

No. 4D15-2125.

186 So.3d 1118 (2016)

Samuel BUTLER, Appellant, v. INNOVATIVE MARKETING AND DISTRIBUTION, INC., d/b/a Engel Usa, Appellee.

District Court of Appeal of Florida, Fourth District.

March 9, 2016.

Attorney(s) appearing for the Case

Nichole J. Segal of Burlington & Rockenbach, P.A., West Palm Beach, and James W. Flanagan of David R. Rigell & Associates, P.A., West Palm Beach, for appellant.

No brief filed on behalf of appellee.

This is an appeal from a final order dismissing plaintiff's action for lack of prosecution. Because the record reflects that the plaintiff filed a notice of hearing within the 60-day grace period following the trial court's notice of lack of prosecution, the dismissal was error and must be reversed. See Fla. R. Civ. P. 1.420(e), Chemrock...

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