Diego Loaiza and Wendy Loaiza v. Schindler Elevator Corporation
CourtDistrict Court of Appeal of Florida
Date FiledFebruary 26, 2020
Docket3D18-2399
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed February 26, 2020.
Not final until disposition of timely filed motion for rehearing.
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No. 3D18-2399
Lower Tribunal No. 12-50427
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Diego Loaiza and Wendy Loaiza,
Appellants,
vs.
Schindler Elevator Corporation,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Abby Cynamon,
Judge.
Robert J. Galamaga, P.A., and Robert J. Galamaga, for appellants.
Shapiro, Blasi, Wasserman & Hermann, P.A., and Robin I. Frank and Stuart
A. Weinstein (Boca Raton), for appellee.
Before LOGUE, HENDON, and GORDO, JJ.
HENDON, J.
Affirmed. See Cole v. Heritage Cmty.โs Inc., 838 So. 2d 1237, 1238 (Fla. 5th
DCA 2003) (holding that after plaintiffs took no action, four years was โmore than
enoughโ to justify dismissal with prejudice); Ballestas v. Montego Assoc., 765 So.
2d 851 (Fla. 4th DCA 2000) (dismissing case after plaintiff was still unprepared for
trial despite four previous continuances and being informed by the court that failure
to be prepared for trial would result in dismissal).
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