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FLEMING v. BARNETT BANK OF EAST POLK COUNTY

No. 85-1116.

490 So.2d 126 (1986)

George T. FLEMING, Appellant, v. BARNETT BANK OF EAST POLK COUNTY, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied June 26, 1986.

Attorney(s) appearing for the Case

Gregory J. Orcutt and Brian P. Rush, of Anderson, Thorn, Smith & Orcutt, P.A., Tampa, for appellant.

Roy C. Summerlin and Debra L. Cline, of Summerlin & Connor, Winter Haven, for appellee.

En Banc.

SANDERLIN, Judge.

Pursuant to Florida Rule of Appellate Procedure 9.331(b), the court determined to consider en banc the effect of a prematurely-filed motion to dismiss for lack of prosecution in light of this court's opinion in Johnson v. Mortgage Investors of Washington, 410 So.2d 541 (Fla. 2d DCA 1982), in which we held that such a motion constituted record activity.

In the instant matter, Barnett Bank of East...

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