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ESCALONA v. KERSTEN

No. 96-579.

682 So.2d 223 (1996)

Felix ESCALONA, Appellant, v. Karl KERSTEN, Individually, and as Trustee of K & VBar Corporation, a dissolved Florida corporation, and Steven L. Jones, Appellees.

District Court of Appeal of Florida, Third District.

November 6, 1996.

Attorney(s) appearing for the Case

Alan Bryce Grossman, Miami, for appellant.

Robert J. Merlin, Coral Gables, for appellees.

Before BARKDULL, GODERICH and GREEN, JJ.

PER CURIAM.

Felix Escalona appeals from a final order of the trial court which dismissed the second amended complaint for lack of prosecution. It is conceded that Escalona filed a notice of hearing on Jones' motion to dismiss the second amended complaint within the one year period established by the Florida Rule of Civil Procedure 1.420(e), and we find that the filing of a notice of hearing is record activity within the meaning of the rule. Heinz v. Watson,

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