SCOTT v. SEABREEZE POOLS, INC.

No. 73-820.

300 So.2d 279 (1974)

R.N. SCOTT, d/b/a East Coast Pool Equipment, Appellant, v. SEABREEZE POOLS, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

September 13, 1974.


Attorney(s) appearing for the Case

James O. Driscoll of Driscoll & Conrad, P.A., Orlando, for appellant.

Barry R. Nager, Orlando, for appellee.


DOWNEY, Judge.

When appellant failed to appear at trial and prosecute his case, the trial court dismissed the case with prejudice and subsequently denied appellant's Rule 1.540, RCP, motion for relief from said judgment. Error is assigned to both of those judicial actions.

Appellant sued appellee to recover monies owed for goods sold and delivered. The matter had been continued once at the request of appellee and once upon joint stipulation of the parties...

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