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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).
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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,
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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
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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