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NEI v. FOODTECH HIALEAH, INC.

No. 3D99-820.

777 So.2d 1191 (2001)

NATIONAL ENTERPRISES, INC., Appellant, v. FOODTECH HIALEAH, INC., Appellee.

District Court of Appeal of Florida, Third District.

February 21, 2001.

Attorney(s) appearing for the Case

Liebler, Gonzalez & Portuondo, P.A. and J. Randolph Liebler, for appellant.

Ricardo R. Corona, for appellee.

Before SCHWARTZ, C.J., and JORGENSON, COPE, LEVY, GERSTEN, GODERICH, GREEN, FLETCHER, SHEVIN, SORONDO, and RAMIREZ, JJ.

ON REHEARING EN BANC

GREEN, J.

We grant rehearing, withdraw our opinion of January 5, 2000 and substitute this opinion in its place.

This is an appeal from a final order dismissing this case for lack of prosecution. The question presented for our consideration is whether the good faith filing of two notices of hearing, that are unquestionably legal nullities since they were directed to a motion already disposed of by the trial court, are sufficient...

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