FLACK v. KUHN

No. 71-351.

277 So.2d 593 (1973)

Joseph FLACK and Grace Flack, a/K/a Grace Klein, Individually and As Stockholders of and for the Use and Benefit of Klein & Chrestensen Reporting Service, Inc., a Florida Corporation, Appellants, v. Geneva KUHN and Joleen Chrestensen, D/B/a Joleen Chrestensen & Associates, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 6, 1973.


Attorney(s) appearing for the Case

John H. Lewis, Miami, for appellants.

Robert J. O'Toole, Fort Lauderdale, for appellee-Joleen Chrestensen.


PER CURIAM.

Appellants-plaintiffs, Joseph Flack and Grace Flack, appeal a final order in favor of appellees-defendants, Geneva Kuhn and Joleen Chrestensen, dismissing appellants' complaint for want of prosecution. We reverse.

The record discloses that within a one-year period immediately prior to the filing of the motion to dismiss, the appellants filed a notice of taking deposition, as well as a notice of appearance of counsel. The filing of the notice of...

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