ALLEN v. GAITHER

No. B-92.

112 So.2d 855 (1959)

C.C. ALLEN and Walter Anderson. Petitioners, v. Virgil GAITHER, Respondent.

District Court of Appeal of Florida. First District.

Rehearing Denied June 29, 1959.


Attorney(s) appearing for the Case

Marks, Gray, Yates, Conroy & Gibbs, Jacksonville, for petitioners.

Williams & Owen, Tallahassee, for respondent.


MOODY, JAMES S., Associate Judge.

The petitioners herein and defendants below ask certiorari to an order of the Circuit Court for Baker County reinstating the respondent's cause of action previously dismissed for lack of prosecution under Section 45.19(1), Florida Statutes, F.S.A. This statute provides that after a cause has been dismissed it may be reinstated "by petition upon good cause shown to the court".

It appears that the respondent, hereinafter called...

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