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a se ‘ = ~ ® @ IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA USAA CASUALTY INS CO, CASE NO.: 2008-CA-11916-O as subrogee of Izhary Ferrer, DIVISION: 37 Plaintiff(s), ys. DONALD S. REED, Defendant(s). / NOTICE OF LACK OF PROSECUTION/ COURT’S MOTION TO DISMISS/NOTICE OF HEARING PLEASE TAKE NOTICE that it appears on the face of the record that no activity by filing of pleadings, order of court, or otherwise has occurred for a period of 10 months immediately preceding service of this notice, and no order staying the action has been issued nor stipulation for stay approved by the court, any interested person, whether a party to the action or not, the court may serve notice to all parties that no such activity has occurred. Pursuant to rule 1.420(e), if no such record activity occurs within 60 days following the service of this notice, and ifno stay is issued or approved during such 60-day period, this action shall be dismissed by the court on its own motion or on the motion of any interested person, whether a party to the action or not, after reasonable notice to the parties, unless a party shows good cause in writing at least 5 days before the hearing on Friday, August 20, 2010, at 8:30 a.m., before the Honorable Julie H. O'Kane, in Hearing Room 1700.02 at the Orange County Courthouse, 425 N. Orange Avenue, € Orlando, Florida, on the motion why the action should remain pending. DONE AND ORDERED in Chambers, Orlando, Orange County, Florida, this 14 day of June, 2010. JULTE H. O’KANE Circuit Judge :* ~F ~ ® @e CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by U.S Mail to Richard H. Phillips, Esq., 901 Ponce de Leon Boulevard, Suite 305, Coral Gables, Florida 38134; and Donald E. Reed, 11542 Boyne Boulevard, Allendale, Michigan 49401, this SAL day of June, 2010. Juditial Assistant eal If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator, Human Resources, Orange County Courthouse, 425 N. Orange Avenue, Suite 510, Orlando, Florida, (407) 836-2303, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. ORDER OF DISMISSAL This action was heard on Court’s motion to dismiss for lack of prosecution served on the above stated date. The Court finds that (1) notice prescribed by rule 1.420(e) was served on the above stated date; (2) there was no record activity during the 10 months immediately preceding service of the foregoing notice; (3) there was no record activity during the 60 days immediately following service of the foregoing notice; (4) no stay-has been issued or approved by the court; and (5) no party has shown good cause why this action should remain pending. Accordingly, IT IS ORDERED that this action is dismissed for lack of prosecution. The Clerk of the Court is ordered to close this case. MH DONE AND ORDERED on this AL’ day o , 10. JULIE H. O’KANE Circuit Judge