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HHH EQUITIES, INC. v. HALL

No. 4D01-799.

798 So.2d 887 (2001)

HHH EQUITIES, INC., Appellant, v. Andrew C. HALL, Richard F. O'Brien, III, and Hall & O'Brien, P.A., formerly known as Hall, Poller & O'Brien, P.A., Appellees.

District Court of Appeal of Florida, Fourth District.

November 7, 2001.

Attorney(s) appearing for the Case

Howard D. DuBosar of DuBosar & Dolnick, P.A., Boca Raton, for appellant.

Christopher M. David of Hall, David and Joseph, P.A., Miami, for appellees.

KLEIN, J.

The trial court dismissed this case for failure to prosecute under rule 1.420(e) because no action had been taken to prosecute the case in one year. The court concluded that a notice for trial filed with the clerk during the one year period was insufficient, because the notice had only been filed with the clerk and not sent to the court's judicial assistant so that the court would have known to set the case for trial.

Rule 1.440(b) contains no requirement...

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