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MAY v. STATE EX REL. ERVIN

96 So.2d 126 (1957)

Herbert MAY, trading as May Plumbing Company, Petitioner, v. STATE of Florida ex rel. Richard W. ERVIN, Attorney General, and State Tuberculosis Board, a public body corporate, Respondents.

Supreme Court of Florida, Special Division B.

June 19, 1957.

Attorney(s) appearing for the Case

Carroll R. Runyon and Bussey & Simmons, St. Petersburg, for petitioner.

Richard W. Ervin, Atty. Gen., Mary Schulman and T. Paine Kelly, Asst. Attys. Gen., for respondents.

DREW, Justice.

On March 1, 1957, the petitioner here, the defendant below, moved, pursuant to Sec. 45.19, F.S.A., to dismiss this cause because no action had been taken in the trial court for a period of more than fifteen months. The trial court denied the motion, reciting in his order:

"It is true that the purpose of Section 45.19 is to expedite litigation, keep dockets current, and to penalize those who would allow...

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