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STEISEL v. BIRNHOLZ

No. 75-75.

313 So.2d 125 (1975)

Sidney STEISEL et al., Appellants, v. Standford BIRNHOLZ, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 18, 1975.

Attorney(s) appearing for the Case

Shapiro, Fried, Weil & Scheer, Miami Beach, for appellants.

Stephens, Magill, Thornton & Sevier, and Mark R. Baer and Timothy C. Blake, Miami, for appellee.

Before HENDRY, HAVERFIELD and NATHAN, JJ.

PER CURIAM.

This is an interlocutory appeal by the defendants from an order prosecution in an action for attorneys fees.

The original complaint was filed on November 10, 1972. On November 13, 1973, the defendants filed a notice of taking the plaintiff's deposition, which is the last pleading or paper of record in the court file until December 3, 1974, when the defendants filed a motion to dismiss for lack of prosecution as provided in Rule 1.420(e) RCP. The...

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