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TRIANGLE IRON WORKS, INC. v. FRANCHISE REALTY INTERSTATE CORP.

No. 87-2571.

524 So.2d 1145 (1988)

TRIANGLE IRON WORKS, INC., a Florida Corporation, L.C. Smith, L.E. Selph, Jr., Ag Water Supply Co., Inc., a Dissolved Corporation, Carl Hancock, John Leonard, Great Fruit Co., Sebring Land Co., a Dissolved Florida Corporation, Appellants, v. FRANCHISE REALTY INTERSTATE CORP., an Illinois Corporation, Schuchman's of Sebring, Inc., a Florida Corporation, Donald R. Schuchman and Ruby D. Schuchman, Appellees.

District Court of Appeal of Florida, Second District.

May 13, 1988.

Attorney(s) appearing for the Case

James W. Kelly, Avon Park, for appellants.

Raymond T. Elligett, Jr. of Shackleford, Farrior, Stallings & Evans, P.A., Tampa, for appellees.

LEHAN, Judge.

We affirm the trial court's denial of defendants' motion to dismiss for lack of prosecution. See Mikos v. Sarasota Cattle Co., 453 So.2d 402 (Fla. 1984); Fox v. Playa Del Sol Assoc., 446 So.2d 126 (Fla. 4th DCA 1983). We do not conclude that this case having been at issue only on count III of the complaint at the time the notice for trial on that count was filed (which...

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