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STATE DEPT. OF ENVIRONMENTAL PROTECTION v. CREST PRODUCTS, INC.

No. 95-02053.

671 So.2d 211 (1996)

STATE of Florida DEPARTMENT OF ENVIRONMENTAL PROTECTION, Appellant, v. CREST PRODUCTS, INC., Appellee.

District Court of Appeal of Florida, Second District.

March 27, 1996.

Attorney(s) appearing for the Case

Thomas M. Beason, Assistant General Counsel, Florida Department of Environmental Protection, Tallahassee, for Appellant.

William B. Taylor, IV, of Macfarlane, Ausley, Ferguson & McMullen, Tampa, for Appellee.

WHATLEY, Judge.

The appellant, the State of Florida Department of Environmental Protection (DEP), challenges the trial court's order of dismissal for failure to prosecute. The appellee, Crest Products, Inc., concedes that the matter should not have been dismissed. We reverse.

The DEP filed a notice for trial on December 18, 1991, but the trial court failed to set the case for trial. There was no other record activity in the case since the filing of the notice...

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