KIZER v. MARTIN

No. C-345.

132 So.2d 14 (1961)

Robert E. KIZER, Appellant, v. John W. MARTIN, as Trustee of the Property of Florida East Coast Railway Company, and John H. Wilson, d/b/a Home Furniture Company, Appellees.

District Court of Appeal of Florida. First District.

July 20, 1961.


Attorney(s) appearing for the Case

Nichols, Gaither, Beckham, Colson & Spence, Miami, for appellant.

Hull, Landis, Graham & French, Daytona Beach, for appellees, John W. Martin, etc.

Alfred A. Green, Jr., Daytona Beach, for appellee, John W. Wilson.


STURGIS, Judge.

On September 30, 1957, the appellant, plaintiff below, brought a negligence action against appellees. On November 25, 1958, after the cause was noticed for trial, Revels, J., ordered a pretrial conference. A hearing thereon was scheduled for January 6, 1959. On that date the trial judge, for cause which is not challenged, continued the pretrial conference to an unspecified future date.

In May of 1959 counsel for appellant wrote the clerk of...

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