OWENS v. KEN'S PAINT AND BODY SHOP

No. 66-275.

196 So.2d 17 (1967)

Kenneth OWENS, Appellant, v. KEN'S PAINT AND BODY SHOP, Appellee.

District Court of Appeal of Florida. Third District.

February 28, 1967.


Attorney(s) appearing for the Case

Engel & Pollack and Jack Taffer, Miami, for appellant.

No appearance for appellee.

Before PEARSON, BARKDULL and SWANN, JJ.


PEARSON, Judge.

The plaintiff appeals an order dismissing his cause in the trial court for failure to prosecute. See Florida Rules of Civil Procedure 1.420(e), 30 F.S.A. and 45.19(1) Fla. Stat., F.S.A. The order was entered by the court upon its own motion.

First we note that the appellant did not make a motion to reinstate provided by the rule. Under some conditions of the record this failure has been held to be a fatal defect. See National Surety Corp. v...

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