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CITY OF WEST PALM BEACH v. WIDELL ASSOCIATES, INC.

No. 71-490.

266 So.2d 176 (1972)

CITY OF WEST PALM BEACH, Florida, a Municipal Corporation, for the Use and Benefit of McMahan Construction Company, Inc., a Florida Corporation, Appellant, v. WIDELL ASSOCIATES, INC., a Florida Corporation, and Fidelity and Deposit Company of Maryland, a Corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 29, 1972.

Attorney(s) appearing for the Case

James W. Smith, of Hoffman, Hendry & Parker, Daytona Beach, for appellant.

Howard P. Ross, of Parker, Battaglia & Ross, St. Petersburg, for appellees.

OWEN, Judge.

The order appealed, which dismissed appellant's action for lack of prosecution pursuant to Rule 1.420(e) RCP, 30 F.S.A., is reversed.

Circuit Judge James C. Downey had entered an order setting the case for trial before the court commencing on March 23, 1970, with two and one-half days alloted because of the complexity of the case. A few days before the scheduled trial date the parties stipulated to a continuance, whereupon the court entered its...

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