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SAINER CONSTRUCTORS, INC. v. SCHOOL BD. OF SARASOTA CTY.

No. 77-548.

352 So.2d 947 (1977)

SAINER CONSTRUCTORS, INC., a Florida Corporation, Appellant, v. The SCHOOL BOARD OF SARASOTA COUNTY, Florida, a Florida Corporation, for the Use and Benefit of Montgomery Enterprises, Inc., a Florida Corporation, and Don E. Nooe, d/b/a N & T Enterprises, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied December 30, 1977.

Attorney(s) appearing for the Case

Robert P. Rosin and Daryl J. Brown of Rosin, Abel, Band, Rosin & Brown, Sarasota, for appellant.

Stephen D. Rees and Malcolm C. Riddell of Icard, Merrill, Cullis, Timm & Furen, Sarasota, for appellee, The School Bd. of Sarasota County.

F. Linton Sloan, Jr., of Sloan & Meyer, Bartow, for Don E. Nooe.

HOBSON, Acting Chief Judge.

Appellant takes this interlocutory appeal from an order denying its motion to dismiss for failure to prosecute; Fla.R.Civ.P. 1.420(e).

The motion to dismiss was filed June 28, 1976 and alleged that the last affirmative action was on the 20th day of February, 1975, when it had served a motion to set the case for trial. The trial court assumed the motion to set the case for trial had been filed and served on that date and under the...

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