PIERSTORFF v. STROUD

No. 83-659.

454 So.2d 564 (1983)

Gerald L. PIERSTORFF, Appellant, v. James M. STROUD, Alva Pope, and John B. Johnson, Individually and As Trustees of the Stroud Construction Company Pension Plan, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied August 31, 1984.


Attorney(s) appearing for the Case

Claire L. Hamner and Ward E. Dahlgren of Dickinson, O'Riorden, Gibbons, Quale, Shields & Carlton, P.A., Sarasota, for appellant.

Henry P. Trawick, Jr., of Trawick & Griffis, P.A., Sarasota, for appellees.


SCHEB, Judge.

In this case the plaintiff filed a notice of trial in the circuit court on December 7, 1981. The case remained on the court's waiting list with no further activity occurring until December 29, 1982, when the defendant filed a motion to dismiss for lack of prosecution. On March 10, 1983, the trial court granted the motion and dismissed the suit, noting that "the 1976 change to Rule 1.420(e) [Florida Rules of Civil Procedure] by the addition of the language...

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