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FORT WALTON LUMBER & SUPPLY COMPANY v. PARISH

No. D-239.

142 So.2d 346 (1962)

FORT WALTON LUMBER & SUPPLY COMPANY, Appellant, v. J.R. PARISH, Jr., and D.P. Simmons d/b/a Parish Plumbing and Appliance, Inc., Appellee.

District Court of Appeal of Florida. First District.

June 12, 1962.

Attorney(s) appearing for the Case

James W. Middleton, Ft. Walton Beach, for appellant.

William Dean Barrow, Crestview, for appellee.

CARROLL, DONALD K., Chief Judge.

Two of the defendants in a foreclosure suit have taken this interlocutory appeal from an order entered by the Circuit Court for Okaloosa County reinstating the cause after it had been dismissed for want of prosecution.

In this appeal we are called upon to construe Section 45.19(1), Florida Statutes, F.S.A., which provides:

"45.19 Abatement; actions or suits pending; failure to prosecute "(1) All actions at...

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