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MORRISON v. CHAMBERS

82 So.2d 594 (1955)

Donald E. MORRISON, Petitioner, v. Margaret L. CHAMBERS and her husband, Henry W. Chambers, Respondents.

Supreme Court of Florida. Special Division A.

September 28, 1955.

Attorney(s) appearing for the Case

Fitzpatrick & Barron, Panama City, for petitioner.

Jack H. Greenhut, Pensacola, for respondents.

DREW, Chief Justice.

This common law action was commenced in the lower court February 5, 1951. February 14, 1955, the defendant below moved the court to dismiss the cause pursuant to Section 45.19, F.S. 1953, F.S.A., "because it affirmatively appears that no action of any kind has been taken therein since September 25, 1953." This motion was granted and an order of dismissal was entered the same day. More than two months later, April 20, 1955, plaintiffs filed a motion...

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