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DADE COUNTY v. MORENO

Nos. 69-542, 69-541.

227 So.2d 548 (1969)

DADE COUNTY, a Political Subdivision of the State of Florida, Appellant, v. Nelia MORENO, a Widow, Appellee. DADE COUNTY, a Political Subdivision of the State of Florida, Appellant, v. Robert R. GILBERT, As Administrator of the Estate of Angel Moreno, Deceased, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied November 21, 1969.

Attorney(s) appearing for the Case

Fowler, White, Collins, Gillen, Humkey & Trenam and A. Blackwell Stieglitz, Miami, for appellant.

Weiner & Rubin, Miami, for appellee.

Before PEARSON, C.J., and CHARLES CARROLL and HENDRY, JJ.

PEARSON, Chief Judge.

These interlocutory appeals are from identical orders in two separate suits. They involve the same point of law and were consolidated for all appellate purposes. Each order denied the defendant-appellant's motion to dismiss the cause pursuant to Rule 1.420(e), Florida Rules of Civil Procedure, 30 F.S.A., for failure to Prosecute.

The order recited:

"* * * that the defendant DADE COUNTY'S Motion to Dismiss be, and the same is...

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