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WILDS v. PERMENTER

No. 2634.

228 So.2d 408 (1969)

Joe Perry WILDS, Jr., Appellant, v. Arthur H. PERMENTER, Appellee.

District Court of Appeal of Florida. Fourth District.

November 26, 1969.

Attorney(s) appearing for the Case

George Orr and John H. Wahl, Jr., of Walton, Lantaff, Schroeder, Carson & Wahl, Miami, for appellant.

Chester E. Clem, Jr., of Jackson & Clem, Vero Beach, for appellee.

WALDEN, Judge.

Plaintiff's damage suit was dismissed for lack of prosecution under Rule 1.420(e), F.R.C.P., 30 F.S.A.1 Plaintiff never moved for its reinstatement. In this state of affairs and some nine and one-half months after dismissal, the case was tried to a jury over the defendant's objection with a plaintiff's verdict resulting. The cause was then reinstated by post trial order entered on the court's own motion. This was done contrary...

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