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DUKES v. CHEMICALS, INC.

No. 72-723.

277 So.2d 298 (1973)

Dewey DUKES, Appellant, v. CHEMICALS, INC., Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied May 29, 1973.

Attorney(s) appearing for the Case

Brown, Dixon & Shear, Tampa, and Podhurst, Orseck & Parks, Miami, for appellant.

Allen, Dell, Frank & Trinkle, Tampa, for appellee.

LILES, Judge.

In 1967 appellant filed a complaint against appellee for personal injuries resulting from the alleged negligence of the appellee (defendant below). From May 18, 1971 to May 31, 1972 the record reflects that no action was taken in the law suit. Appellee filed a motion to dismiss pursuant to FRCP 1.420(e), 30 F.S.A., and the cause was dismissed for failure to prosecute. In opposition to appellee's motion to dismiss, appellant filed an affidavit setting...

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