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GEORGE HUNT, INC. v. DORSEY YOUNG CONST., INC.

No. 83-719.

444 So.2d 65 (1984)

GEORGE HUNT, INC., Appellant, v. DORSEY YOUNG CONSTRUCTION, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 14, 1984.

Attorney(s) appearing for the Case

Franklyn A. Johnson, Jr., of Smoot, Johnston, Johnson & Green, Fort Myers, for appellant.

James L. Kershaw, Fort Lauderdale, for appellee.

HERSEY, Judge.

We affirm as to appellant's first point on appeal relying on the rule that once a plaintiff files a motion to set a cause for trial (which is essentially a notice for trial) the cause cannot be dismissed for failure to prosecute even where there is no record activity during the ensuing year. Fox v. Playa Del Sol Assoc., Inc., 446 So.2d 126 (Fla. 4th DCA, 1983). In doing so we note an express and direct conflict...

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