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STATE EX REL. AVERY v. WILLIAMS

No. 69-20.

222 So.2d 477 (1969)

STATE of Florida ex rel. Fate AVERY, Jr., Relator, v. The Honorable Gene WILLIAMS, As One of the Judges of the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida, Respondent.

District Court of Appeal of Florida. Third District.

April 8, 1969.

Attorney(s) appearing for the Case

Weinstein, Weissenborn & Burr, Miami, for relator.

Ser, Greenspahn, Keyfetz & Gallagher, Miami, for respondent.

Before CHARLES CARROLL, C.J., and BARKDULL and SWANN, JJ.

BARKDULL, Judge.

This prohibition proceeding involves the effect of the recent change in Rule 1.420(e), Florida Rules of Civil Procedure (1968), 30 F.S.A., which reads as follows:

"(e) Failure to Prosecute. All actions in which it affirmatively appears that no action has been taken by filing of pleadings, order of court or otherwise for a period of one year shall be dismissed by the court on its own motion or on motion of any interested person, whether a...

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