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INMAN, INC. v. MIAMI DADE WATER & SEWER

No. 85-2081.

489 So.2d 218 (1986)

INMAN, INC., a Florida Corporation, Appellant, v. MIAMI DADE WATER AND SEWER AUTHORITY and Post, Buckley, Schuh & Jernigan, Inc., a Florida Corporation, Appellees.

District Court of Appeal of Florida, Third District.

June 3, 1986.

Attorney(s) appearing for the Case

Horton, Perse & Ginsberg and Arnold R. Ginsberg, Miami, David B. Mankuta, Hollywood, for appellant.

Henry H. Harnage, Miami, Milton R. Adkins, Coral Gables, Peters, Pickle, Flynn & Niemoeller, Miami, for appellees.

Before NESBITT, DANIEL S. PEARSON and FERGUSON, JJ.

DANIEL S. PEARSON, Judge.

We affirm the order under review upon a holding that neither a premature motion to dismiss for lack of prosecution nor an order denying that motion constitutes record activity sufficient to preclude the entry of an order dismissing for lack of prosecution pursuant to a second and mature motion to dismiss.

On April 26, 1984, a stipulation reflecting a nearly-year-old settlement between Inman, Inc., the plaintiff below, and Florida...

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