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MITCHELL v. COKER FUEL INCORPORATED

No. 86-2595.

511 So.2d 344 (1987)

Ora L. MITCHELL and Martha D. Mitchell, Appellants, v. COKER FUEL INCORPORATED, Paul Dees and Georgia Casualty & Surety Company, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied August 19, 1987.

Attorney(s) appearing for the Case

Sylvan B. Burdick of Burdick & Daves, West Palm Beach, for appellants.

John J. Bulfin of Wiederhold, Moses & Bulfin, P.A., West Palm Beach, for appellees.

CAMPBELL, Acting Chief Judge.

This is an appeal from an order of the trial court that dismissed appellants' action below against appellees for lack of prosecution pursuant to Florida Rule of Civil Procedure 1.420(e). We reverse.

The parties agree that there was record activity on August 1, 1985, and none thereafter until August 11, 1986. On August 11, 1986, at 7:12 a.m., there were simultaneous filings by the parties. Appellants filed a notice for trial and...

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