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R & A TRUCKING, INC. v. GENERAL HOST CORP.

No. 80-2444.

399 So.2d 1058 (1981)

R & A TRUCKING, INC., Appellant, v. GENERAL HOST CORPORATION, D/B/a Li'l General Stores, Appellee.

District Court of Appeal of Florida, Third District.

June 16, 1981.

Attorney(s) appearing for the Case

Fred M. Penny, Miami, for appellant.

Trenam, Simmons, Kemker, Scharf, Barkin, Frye & O'Neill and William A. Wares, Tampa, for appellee.

Before HUBBART, C.J., and SCHWARTZ and DANIEL S. PEARSON, JJ.

DANIEL S. PEARSON, Judge.

While we agree with appellant's assertion that a notice which it filed in 1977 that the action was at issue and ready to be set for trial should have precluded the 1979 dismissal of its complaint for failure to prosecute despite the lack of record activity during the interim years, Visuna v. Metropolitan Transit Authority, 353 So.2d 183 (Fla. 3d DCA 1977); Downer v. Mercer,

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