IRVING ALPERT, ADMINISTRATOR OF THE ESTATE OF JACK PAUL, DECEASED, APPELLANT,
v.
THE CONCORD FLORIDA, INC., A FLORIDA CORPORATION, D/B/A CONCORD CAFETERIA, ET AL., APPELLEES
PER CURIAM.
This is an appeal from an order of dismissal with prejudice against appellant Irving Alpert, administrator of the Estate of Jack Paul, deceased, for failure to file a motion for substitution within 90 days from the filing of a suggestion of death as prescribed by Fla.R.Civ.P. 1.260(a)(1), and from an order denying appellant’s notice to vacate the order of dismissal on the grounds of alleged excusable neglect.
We have carefully considered the record on appeal, briefs and arguments of counsel and have concluded that no reversible error has been made to appear. King v. Tyree’s of Tampa, Inc., 315 So. 2d 538 (Fla. 2d DCA 1975).
Affirmed.
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State v. Wiley Jones, Jr., 377 So. 2d 1163 (Fla. 1979)…ALDERMAN, Justice. We accept jurisdiction to review the decision of the district court in Jones v. State, 363 So. 2d 1123 (Fla.2d DCA 1978), because of its apparent conflict with Zuberi v. State, 343 So. 2d 664 (Fla.3d DCA 1977). We approve the decision of the district court in Jones and hold that the trial court’s refusal in this felony-murder case to give any instruction on the elements of the underlying felony of robbery was fundamental error not waived…
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Jones v. State, 466 So. 2d 301 (Fla. 3d DCA 1985)…heft findings upheld); Edwards v. State, 390 So. 2d 1239 (Fla. 1st DCA 1980) (state’s evidence, including bloodhound tracking, deemed sufficient to link defendant to a burglary, robbery, sexual battery; convictions therefor upheld); Zuberi v. State, 343 So. 2d 664 (Fla. 3d DCA), cert, denied, 354 So. 2d 988 (Fla.1977) (state’s evidence deemed sufficient to link defendant to a robbery-murder; first degree murder conviction upheld); McWhirter v. State, 325 So. 2d 463 (Fla. 1st DCA), cert, denied, 336 So. 2d 602…
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- King v. Tyree's OF Tampa, Inc., 315 So. 2d 538 (Fla. 2d DCA 1975)