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KONSTAND v. BIVENS CENTER, INC.

No. BQ-238.

512 So.2d 1148 (1987)

Fred KONSTAND, Vasila Konstand and Bivens Gardens Office Building, Inc., a Florida Corporation, Appellants, v. BIVENS CENTER, INC., a Florida Corporation, et al., Appellees.

District Court of Appeal of Florida, First District.

September 24, 1987.

Attorney(s) appearing for the Case

Charles B. Lembcke of Datz, Jacobson & Lembcke, P.A., Jacksonville, for appellants.

Robert M. Foster of Mahoney, Adams, Milam, Surface & Grimsley, P.A., Jacksonville, for appellees, American Bancshares, Inc. and University City Bank.

William E. Kuntz of Smith & Hulsey, Jacksonville, for appellees, Fairfield Communities, Inc., St. Johns Group, Inc., and Charter Advisory Co.

William N. Avera of Avera, Perry & Vloedman, Gainesville, for appellees, First City Bank, John J. Jennings, and Robert Lanzilotti.

SMITH, Chief Judge.

This action was begun by appellants in 1975 and has progressed spasmodically since then. On September 19, 1986, after approximately thirteen months without record activity, several defendants (appellees) filed motions to dismiss for failure to prosecute. On September 22, 1986, appellants filed a notice of taking depositions. In an affidavit filed in opposition to the motion to dismiss, the secretary...

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