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STEPANEK v. EVERS

No. ZZ-258.

405 So.2d 756 (1981)

Roy F. STEPANEK, Appellant, v. Dovard EVERS, Sidney Golden, Lois Mabee, Samuel T. Stewart, Lois M. Stewart, Ray Villanueva, Washington Development Corporation, Briar Fox Properties, Inc., Washington National Investors, Inc., Mortgage Consultants, Inc., the above Corporations Being Florida Corporations, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied November 25, 1981.

Attorney(s) appearing for the Case

Richard S. Hilmer, DeLand, for appellant.

Barry L. Zisser of Zisser, Robison & Spohrer, Jacksonville, and James L. Harrison, Jacksonville, for appellees.

JOANOS, Judge.

The single issue presented for review in this appeal is whether there was sufficient record activity to preclude dismissal for failure to prosecute under Fla.R.Civ.P. 1.420(e). We hold that the plaintiff/appellant's filing of a notice of hearing within the year preceding the motion to dismiss for failure to prosecute was effective to prevent a Rule 1.420(e) dismissal. The notice set a hearing date for several outstanding motions filed by a defendant...

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