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CITY OF MIAMI v. RAILWAY EXPRESS AGENCY INC.

No. 61-670.

141 So.2d 285 (1962)

CITY OF MIAMI, a municipal corporation, and City of Miami, a municipal corporation for the use and benefit of Ernest V. Young, Appellants, v. RAILWAY EXPRESS AGENCY INCORPORATED and Thomas I. Newman, Appellees.

District Court of Appeal of Florida, Third District.

May 22, 1962.

Attorney(s) appearing for the Case

Robert D. Zahner, City Atty., and S.R. Sterbenz, Asst. City Atty., for appellants.

David M. Turner, Miami, for appellees.

Before PEARSON, TILLMAN, C.J., and CARROLL and HENDRY, JJ.

HENDRY, Judge.

This is an appeal to review a final judgment dismissing plaintiff's complaint for want of prosecution pursuant to § 45.19, Fla. Stat., F.S.A.1 The primary question in the instant appeal is whether the trial court erred in dismissing the cause on the ground that the plaintiffs had not taken "action" within the meaning of § 45.19.

After careful review of the record we are convinced that the judgment appealed...

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