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FEDERAL HOME LOAN MORTGAGE CORPORATION v. LASCIO

No. 93-3463.

653 So.2d 1150 (1995)

FEDERAL HOME LOAN MORTGAGE, CORPORATION, a/k/a Freddie Mac, Appellant, v. James J. LASCIO, and Sheron M. Lascio, His Wife, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

May 10, 1995.

Attorney(s) appearing for the Case

Craig Z. Sherar and Richard T. Harrington, Coconut Grove, for appellant.

No appearance for appellees.

PER CURIAM.

Appellant, Federal Home Loan Mortgage Corporation, et al., plaintiff below, appeals the trial judge's final order of dismissal entered without notice or hearing. The trial court, sua sponte, dismissed the case for failure to serve the defendants within 120 days of filing the complaint. The order was entered on the court's own initiative without notice or on motion as required by Rule 1.070(i), Florida Rules of Civil Procedure (1993).

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