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SAINER CONSTRUCTORS v. PASCO COUNTY SCHOOL BD.

No. 77-380.

349 So.2d 1212 (1977)

SAINER CONSTRUCTORS, INC., a Florida Corporation, and Fidelity and Deposit Company of Maryland, a Maryland Corporation, Appellants, v. PASCO COUNTY SCHOOL BOARD, a Public Authority Existing under the Laws of the State of Florida, for the Use and Benefit of Sims Crane Service, Inc., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Second District.

As Modified on Denial of Rehearing October 5, 1977.

Attorney(s) appearing for the Case

Hugh C. Ferrell of Trawick, Griffis & Ferrell, Sarasota, for appellants.

C. Elmon Gatlin, Tampa, for appellee.

SCHEB, Judge.

The trial court denied appellants/defendants' motion to dismiss for lack of prosecution, holding that certain non-record activities which occurred in the course of this litigation constituted good cause shown to avoid dismissal for lack of prosecution under Fla.R.Civ.P. 1.420(e). This interlocutory appeal by defendants ensued. We affirm.

Defendants contend the trial court erred because: (1) non-record activity is no longer sufficient to avoid...

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