CHEMICAL BANK OF NEW YORK v. POLAKOV

No. 83-1731.

448 So.2d 1148 (1984)

CHEMICAL BANK OF NEW YORK, a New York Banking Corporation, Appellant, v. Sherman POLAKOV and Flora Polakov, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 16, 1984.


Attorney(s) appearing for the Case

Alan M. Fisher of Hayt, Hayt & Landau, Miami, for appellant.

Fred Boruchov, Hollywood, for appellees.


PER CURIAM.

The trial court dismissed this action for lack of prosecution. Plaintiff appeals. We affirm.

The trial court, one day short of a year following record activity, filed a sua sponte motion and order to show cause why the action should not be dismissed for lack of prosecution pursuant to Rule 1.420(e), Florida Rules of Civil Procedure. Plaintiff did not file its notice of good cause at least five (5) days prior to the hearing as provided by the mentioned...

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