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BUSS ALUMINUM PRODUCTS, INC. v. CROWN WINDOW COMPANY

No. 94-00925.

651 So.2d 694 (1995)

BUSS ALUMINUM PRODUCTS, INC., Appellant, v. CROWN WINDOW COMPANY, a Florida Progress Company, Inc., Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied February 8, 1995.

Attorney(s) appearing for the Case

Daniel Rosefelt, St. Petersburg, and Gary Gordon of Gary Gordon, P.A., Tampa, for appellant.

Thomas G. Long and Mark H. Wright of Barnett, Bolt, Kirkwood & Long, Tampa, for appellee.

ALTENBERND, Judge.

The plaintiff, Buss Aluminum Products, Inc., appeals an order dismissing its lawsuit for failure to prosecute. We affirm. The trial court correctly determined that an untimely and unauthorized reply did not constitute record activity.

Buss Aluminum filed a complaint for breach of contract against Crown Window Company in January 1991, alleging that it had received defective windows from Crown Window. After several dismissals with leave to...

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