GROOMS v. GARCIA

No. 85-389.

482 So.2d 407 (1985)

Phil Eugene GROOMS, Appellant, v. Jose M. GARCIA; Labrada H. Garcia; Progressive American Insurance Company, a Foreign Corporation; L.H. Smith; Dayton Bars and Counters, Inc., a Foreign Corporation; American States Insurance Company, a Foreign Corporation; Charles A. Gay; Eugene Moore; Northwestern National Casualty Company, a Foreign Corporation; Howard Williamson, and Florida Rock Industry, Inc., Appellees.

District Court of Appeal of Florida, Second District.

Rehearings Denied February 5, 1986.


Attorney(s) appearing for the Case

Preston C. Widoff, of Schott & Dale, P.A., Lakeland, for appellees Charles A. Gay, L.H. Smith and Mary Smith, as trustees for L.H. Smith, Inc., formerly Dayton Bars and Counters, Inc., succeeded by L.H. Smith, individually; and American States Ins. Co.

George A. Vaka of Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., Tampa, for appellees Florida Rock Industries, Inc.; Eugene Moore; Howard Williamson; and Northwestern Nat. Cas. Co.

Maron E. Lovell, Miami, for appellant.

Jay B. Verona of Stolba, Conklin & Verona, P.A., St. Petersburg, for appellees Jose M. Garcia, Librada H. Garcia, and Progressive American Ins. Co.


HALL, Judge.

Phil Eugene Grooms, plaintiff in the trial court, appeals from a final order dismissing his cause of action for lack of prosecution. Appellant contends that by filing a notice of hearing within the one-year period he complied with record activity as required by rule 1.420(e), Florida Rules of Civil Procedure.

Appellant's cause of action arose as a result of a four-vehicle collision in Hillsborough County in 1981.

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