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STRAUBEL v. GOBAVRA

No. 83-794.

444 So.2d 1022 (1984)

Donald S. STRAUBEL, Appellant, v. Manuel Antonio GOBAVRA, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 24, 1984.

Attorney(s) appearing for the Case

Hall & O'Brien and Richard F. O'Brien, III, Miami, for appellant.

Leland E. Stansell, Jr. and Victor E. Rocha, Miami, for appellee.

Before HENDRY, DANIEL S. PEARSON and JORGENSON, JJ.

DANIEL S. PEARSON, Judge.

Straubel, the plaintiff below, appeals from an order dismissing his action for failure to prosecute. He contends that once he filed and served a notice pursuant to Florida Rule of Civil Procedure 1.440(b) advising the trial court that the case was at issue and ready for trial, he was relieved of all further responsibility to take action in the case, notwithstanding that the trial was thereafter set pursuant to his notice and then continued...

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