PHILIPS v. MARSHALL BERWICK

No. 84-2031.

467 So.2d 1068 (1985)

Percival PHILIPS, Appellant, v. MARSHALL BERWICK CHEVROLET, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing and Clarification Denied May 20, 1985.


Attorney(s) appearing for the Case

Kenneth J. Carusello and James D. Adams of Quinton, Lummus, Dunwody & Adams, P.A., Miami, for appellant.

Bruce J. Sperry of Law Offices of Davis & Feig, Miami, for appellee.


PER CURIAM.

The issue in this case is whether appellant Philips's interrogatories to appellee Berwick was sufficient record activity to preclude dismissal for failure to prosecute, pursuant to Florida Rule of Civil Procedure 1.420(e).

The record activity during the year in question was as follows:

  May 21, 1984     Motion for Substitution of
                   Counsel and Notice of Hearing
                   for same motion.

  June 27, 1984...

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