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HOWLAND FEED MILL, INC. v. HART

No. 1D00-1757.

774 So.2d 962 (2001)

HOWLAND FEED MILL, INC., Appellant, v. Ernest HART and Lewis Whitehead d/b/a H & W Dairy, Appellees.

District Court of Appeal of Florida, First District.

January 17, 2001.

Attorney(s) appearing for the Case

Andrew J. Decker, III, of Law Office of Andrew J. Decker, III, P.A., for Appellant.

Stephen C. Bullock and Kris B. Robinson of Brannon, Brown, Haley, Robinson & Bullock, P.A., Lake City, for Appellees.

PER CURIAM.

The appellant challenges an order by which the trial court dismissed the appellant's action below, based on a Florida Rule of Civil Procedure 1.420(e) failure to prosecute. The dismissal was entered upon a motion therefor made after the appellant filed a Florida Rule of Civil Procedure 1.440(b) notice asserting that the case was at issue and ready for trial, and in which the appellant asked the court for an order setting the case for trial. Although the...

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