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SHIELDS v. MOORE

No. 77-1205.

352 So.2d 139 (1977)

John W. SHIELDS, Appellant, v. James E. MOORE, Jr., Appellee.

District Court of Appeal of Florida, Fourth District.

November 22, 1977.

Attorney(s) appearing for the Case

John D. Prior, Jr., Sunrise, for appellant.

No briefs filed by appellee.

LETTS, Judge.

The trial court reinstated an action pursuant to Rule 1.420(e) Fla.R.Civ.P. We reverse.

This cause was set for trial on January 21st, 1976 and postponed upon request of the plaintiff until "renotice by either party" by order dated January 19th, 1976.

On April 5, 1977 the trial court sua sponte moved the dismissal of the action pursuant to Rule 1.420(e) Fla.R.Civ.P., Failure to Prosecute.

The only evidence in the record pertinent...

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