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M-5 COMMUNICATIONS, INC. v. ITA TELECOMMUNICATIONS, INC.

No. 97-1541.

708 So.2d 1039 (1998)

M-5 COMMUNICATIONS, INC., Appellant, v. ITA TELECOMMUNICATIONS, INC.; Luca Lastrucci and Tito Silviera, Appellees.

District Court of Appeal of Florida, Third District.

April 29, 1998.

Attorney(s) appearing for the Case

Merrill & Pollack and Alan H. Ramer, Coral Gables, for appellant.

Siegfried, Rivera, Lerner, De La Torre & Sobel and Peter H. Edwards, Coral Gables, for appellees.

Before SCHWARTZ, C.J., and LEVY and FLETCHER, JJ.

SCHWARTZ, Chief Judge.

Although the plaintiff served and filed a notice of voluntary dismissal as to the only counts of the complaint which named two of the defendants, the present appellees, Luca Lastrucci and Tito Silviera, those defendants continued actively to defend the action as if the notice had not been filed. Specifically, they moved to dismiss the very counts in question, sought affirmative relief against the plaintiff, and proceeded in all respects as if...

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