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DAVE HESS, INC. v. BLACK ANGUS OF POMPANO, INC.

No. 72-797.

288 So.2d 286 (1974)

DAVE HESS, INC., a Florida Corporation, Appellant, v. BLACK ANGUS OF POMPANO, INC., et al., Appellees.

District Court of Appeal of Florida, Fourth District.

January 18, 1974.

Attorney(s) appearing for the Case

Martin L. Sandler of Sandler & Sandler, Miami, for appellant.

Richard Michael Birnbaum of Johnson, Heller & Birnbaum, Fort Lauderdale, for appellees.

DOWNEY, Judge.

This is an appeal from a final judgment of the circuit court entered in favor of appellees, who were three of the defendants below. The question on appeal involves the application of Rule 1.420(a)(1), 30 F.S.A., RCP.

Appellant sued appellees and five other defendants in four counts. After service of process was had but before responsive pleadings were filed, appellant on March 24, 1972, filed a notice of voluntary dismissal on all counts as...

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