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HUGHES SUPPLY, INC. v. FRIENDLY CITY ELECTRIC FIXTURE CO.

No. 20922.

338 F.2d 329 (1964)

HUGHES SUPPLY, INC., et al., Appellants, v. FRIENDLY CITY ELECTRIC FIXTURE CO., Inc., Appellee.

United States Court of Appeals Fifth Circuit.

November 6, 1964.

Attorney(s) appearing for the Case

Harry Kemker and Marvin E. Barkin, of Fowler, White, Gillen, Humkey & Trenam, Tampa, Fla., for appellant Emerson Companys.

S. E. Simmons and Bussey, Simmons & Owen, St. Petersburg, Fla., for appellant Hughes Supply Inc.

Paul A. Saad, of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, Tampa, Fla., for appellee.

Before TUTTLE, Chief Judge, and JONES and GEWIN, Circuit Judges.

PER CURIAM.

The appellants specify error because their motions for summary judgment were denied. They claim there had been two voluntary dismissals, within the meaning of the Florida Rules of Civil Procedure 1.35(a) (1), 30 F.S.A.,1 of the same cause of action in the Florida state courts. It is argued that these dismissals constitute a bar to the instant proceeding.

The appellee (plaintiff in the state court) first filed a common...

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