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IVY H. SMITH CO. v. MOCCIA

59 So.2d 629 (1952)

IVY H. SMITH CO. v. MOCCIA et al.

Supreme Court of Florida, en Banc.

Rehearing Denied July 17, 1952.

Attorney(s) appearing for the Case

John M. McNatt, Adair, Kent, Ashby & McNatt, Jacksonville, for petitioner.

Will O. Murrell and Will O. Murrell, Jr., Jacksonville, for respondent.

TERRELL, Justice.

June 24, 1950, Alma G. Moccia and J.F. Moccia, her husband, instituted a law action against Ivy J. Smith Company, a corporation. Defendants moved to dismiss and stay further proceedings in the cause. As grounds for the motion to stay it was alleged that a prior action had been brought by same parties on the same claim which had resulted in a voluntary non-suit by the plaintiffs, that costs in the sum of $101.90 had accrued and were not paid. September...

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