REILLY v. FUSS

No. 4451.

170 So.2d 475 (1964)

LaVonne D. REILLY, a widow, Appellant, v. Carl FUSS, Sr., Worthington Seese, R.B. Leonard and Emily H. Webster, Executrix of the Estate of Winfield S. Webster, Deceased, Appellees.

District Court of Appeal of Florida. Second District.

Rehearing Denied January 13, 1965.


Attorney(s) appearing for the Case

Donald J. Lunny, of Sutton, James & Singer, Ft. Lauderdale, for appellant.

K. Odel Hiaasen, of McCune, Hiaasen, Crum & Ferris and Carey, Goodman, Terry, Dwyer & Austin, Ft. Lauderdale, for appellees.


WHITE, Acting Chief Judge.

Plaintiff appeals an adverse final judgment of 28 August 1963 entered after denial of her petition for reinstatement of the cause on 25 July 1963. A prior order of 15 May 1963 had dismissed the cause, an action at law, "without prejudice" for lack of prosecution.1

Before getting to the merits we note the defendant's contention that the appeal is untimely because it was not taken from the order dismissing...

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