PASSACANTILLI v. CHRYSLER LEASING

No. 70-1205.

249 So.2d 518 (1971)

Albert F. PASSACANTILLI, Jr., et al., Appellants, v. CHRYSLER LEASING Corporation, et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 18, 1971.


Attorney(s) appearing for the Case

Fuller, Brumer, Moss & Cohen, Bolles, Goodwin, Ryskamp & Ware and Robert C. Lane, Jr., Miami, for appellants.

Robert L. Dube and Jeanne Heyward, Miami, for appellees.

Before PEARSON, C.J., and BARKDULL and SWANN, JJ.


PEARSON, Chief Judge.

This appeal by the plaintiffs is from an order of the trial judge which upon his own motion dismissed the cause for lack of prosecution pursuant to RCP 1.420(e), 30 F.S.A. It appears that the trial judge was mistaken in his finding that, "* * * it appearing that no action, by any party to the cause, has been taken by the filing of pleadings, Order of Court, or otherwise, in this case for a period of more than one year prior to the date of this...

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