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MUSSELMAN STEEL FABRICATORS, INC. v. RADZIWON

No. 71-198.

250 So.2d 327 (1971)

MUSSELMAN STEEL FABRICATORS, INC., a Florida Corporation, Appellant, v. Kathleen Mae RADZIWON, Individually, and As Widow of Frank Radziwon, Deceased and Frank J. Rooney, Inc., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 28, 1971.

Attorney(s) appearing for the Case

Thomas B. Mimms, Jr., of Fleming, O'Bryan & Fleming, Fort Lauderdale, for appellant.

Ellen S. Mills, of Kirsch & Druck, Fort Lauderdale, for appellee Radiziwon.

PER CURIAM.

By interlocutory appeal we are asked to review an order of the trial court denying defendant's motion to dismiss for failure to prosecute.

The record discloses that within a one-year period immediately prior to the filing of the motion to dismiss the court reporter filed with the clerk the depositions of certain witnesses. Although the depositions had been taken by the defendants at a time more than one year prior to the filing of their...

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