SCHUMAKER v. ORANGE STATE OIL COMPANY

No. 2722.

141 So.2d 628 (1962)

ROBERT L. SCHUMAKER AND FRANK UNDERWOOD, APPELLANTS, v. ORANGE STATE OIL COMPANY, A FLORIDA CORPORATION, APPELLEE.

District Court of Appeal of Florida, Second District.

May 23, 1962.


Attorney(s) appearing for the Case

H.T. Maloney, J.B. Patterson & Associates, Fort Lauderdale, for appellants.

Charles Desmond Crowley and Fleming, O'Bryan & Fleming, Fort Lauderdale, for appellee.


ALLEN, Acting Chief Judge.

Appellants, plaintiffs in the lower court, are appealing from a final order entered on an order of dismissal under F.S. § 45.19, F.S.A., for failure to prosecute and an order denying a petition for reinstatement.

On December 2, 1959, the instant action brought by appellants ended in a mistrial. No order was entered by the court on the mistrial. Approximately thirteen months later, on January 3, 1961, appellee moved to dismiss...

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