5D03-2857 American Wall v. Madison

State: Florida

Court: Florida Fifth District Court

Docket No: 5D03-2857

Case Date: 01/22/2007

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2007

AMERICAN WALL SYSTEMS, INC., Appellant, v. MADISON INTERNATIONAL GROUP, INC., ET AL., Appellee. ________________________________/ Opinion filed January 26, 2007 Appeal from the Circuit Court for Orange County, Donald Grincewicz, Judge. Loreen I. Kreizinger, of Loreen I. Kreizinger, P.A., Ft. Lauderdale, for Appellant. Stephen C. Chumbris, and Gerald D. Davis of Holland & Knight LLP, St. Petersburg, for Appellee. Case No. 5D03-2857

PER CURIAM. This matter has been remanded to this court by the Supreme Court of Florida 1 as a result of the quashing of the decision2 rendered previously in this case. Subsequent to the rendition of the decision by this court, the Supreme Court handed down Wilson v.

See Am. Wall Sys., Inc. v. Madison Int'l Group, Inc. , 31 Fla. L. Weekly S637 (Fla. Oct. 5, 2006). 2 See Am. Wall Sys., Inc. v. Madison Int'l Group, Inc, 898 So. 2d 111 (Fla. 5th DCA 2005).

1

Salamon, 923 So. 2d 363 (Fla. 2005), and receded from Gulf Appliance Distributors, Inc. v. Long, 53 So. 2d 706 (Fla. 1951), a decision expressly relied upon by this court in reaching its determination to affirm the trial court. Upon reconsideration of this case at the direction of the Supreme Court, and in light of Wilson, we have concluded that the dismissal of this cause by the trial court for failure to prosecute was erroneous. We, therefore, reverse the final judgment, and remand for further proceedings. REVERSED and REMANDED.

PLEUS, C.J., GRIFFIN and MONACO, JJ., concur.

2

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