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POLLOCK v. POLLACK

116 So.2d 761 (1959)

Herman POLLOCK and Lillian Pollock, Petitioners, v. Hymie POLLACK and Sara Pollack, Respondents. Herman POLLACK, Petitioner, v. Hyman POLLACK and Sara Pollack, Respondents.

Supreme Court of Florida.

Rehearing Denied November 12, 1959.

Attorney(s) appearing for the Case

W.J. Gardiner, Daytona Beach, Hull, Landis, Graham & French and John L. Graham, De Land, for petitioners.

Norton Josephson, Daytona Beach, for respondents.

HOBSON, Justice.

In Pollack v. Pollock1 the District Court of Appeal, First District, held that the Supreme Court of Florida had abandoned the position it took in the case of Hancock v. Hancock,2 to the effect that under provisions of the abatement statute (now § 45.19, F.S.A.):

"* * * the absence from the record of any affirmative action having been taken in the cause for a period of three years...

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