Misuraca v. Lyons
Malcolm A. Misuraca, proceeding in propria persona here and below, appeals from orders of the trial court dismissing his suit against defendants David and Phyllis Lyons (the Lyons), because it had not come to trial within five years from the time it was filed, and awarding attorney’s fees to the Lyons. We find no merit in Misuraca’s arguments that the trial court should have estopped the Lyons from seeking dismissal and that the court abused its discretion in ordering the dismissal. Accordingly, we affirm the dismissal of Misuraca’s suit against the Lyons. Because Misuraca’s request for reversal of the award of attorney’s fees is dependent on reversal of the dismissal, we also affirm the award of attorney’s fees.
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