HERSEY v. BATCHELOR

No. 82-1110.

433 So.2d 558 (1983)

Marie C. HERSEY and Betty F. Greenman, Trustees, Etc., et al., Appellants, v. George E. BATCHELOR and Dennis M. Olsen, Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied June 15, 1983.


Attorney(s) appearing for the Case

William J. Neale, Melbourne, for appellants.

Lealand L. Lovering of Lovering, Pound & Lober, P.A., Cocoa, for appellees.


ORFINGER, Chief Judge.

The narrow issue presented by this appeal is whether an opinion and mandate of an appellate court, when filed in the trial court, constitutes record activity so as to preclude a dismissal of the action for lack of prosecution under Florida Rule of Civil Procedure 1.420(e) (1980).1 The trial court dismissed the action, notwithstanding the filing in the trial court of the opinion and mandate of this court resulting...

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