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TOWN OF MANALAPAN v. POWER & LIGHT CO.

No. 4D01-518.

815 So.2d 670 (2002)

TOWN OF MANALAPAN, a municipal corporation, Appellant, v. FLORIDA POWER & LIGHT COMPANY, a Florida corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 3, 2002.

Attorney(s) appearing for the Case

Terrence F. Dytrych of Terrence F. Dytrych, P.A., North Palm Beach, and James McCartney Wearn of James McCartney Wearn, P.A., West Palm Beach, for appellant.

John W. Little, III, Alvin B. Davis and Ron A. Adams of Steel Hector & Davis LLP, West Palm Beach, for appellee.

STEVENSON, J.

The Town of Manalapan (Manalapan) timely appeals an order dismissing with prejudice its suit against Florida Power & Light Company (FP & L) as a sanction for its failure to timely file an amended complaint in compliance with a court order. We find that dismissal was too severe under the circumstances of this case and reverse.

Manalapan filed its complaint on October 28, 1998. FP & L responded with a motion to dismiss. On February...

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