Sainer Constructors, Inc. v. School Board of Sarasota County ex rel. Montgomery Enterprises, Inc.

HOBSON, Acting Chief Judge.

Appellant takes this interlocutory appeal from an order denying its motion to dismiss for failure to prosecute; Fla.R.Civ.P. 1.420(e).

The motion to dismiss was filed June 28, 1976 and alleged that the last affirmative action was on the 20th day of February, 1975, when it had served a motion to set the case for trial. The trial court assumed the motion to set the case for trial had been filed and served on that date and under the holding of City of Miami v. Dade County, 321 So.2d 140 (Fla. 3d DCA 1975), denied appellant’s motion.

Appellant takes the position that its…