FISHER v. DADELAND NATIONAL BANK

No. 86-258.

489 So.2d 1239 (1986)

James E. FISHER, Appellant, v. DADELAND NATIONAL BANK, a National Banking Association, Appellee.

District Court of Appeal of Florida, Third District.

June 17, 1986.


Attorney(s) appearing for the Case

Bailey & Dawes and Jesse C. Jones, Miami, for appellant.

Shutts & Bowen and Barbara E. Vicevich, Miami, for appellee.

Before HENDRY, NESBITT and FERGUSON, JJ.


PER CURIAM.

Contrary to the trial court's implicit determination, the filing of the sheriff's return of service of process is record activity sufficient to preclude dismissal, pursuant to Florida Rule of Civil Procedure 1.420(e), for failure to prosecute. Sittser v. General Motors Corp., 488 So.2d 577 (Fla. 4th DCA 1986); Hale v. Hart Properties, Inc., 436 So.2d 1093 (Fla. 3d DCA...

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