FRANKLIN v. BERI'S, INC.

No. V-7.

318 So.2d 539 (1975)

Robert J. FRANKLIN et al., Appellants, v. BERI'S, INC., a Florida Corporation, et al., Appellees.

District Court of Appeal of Florida, First District.

August 21, 1975.


Attorney(s) appearing for the Case

Hugh M. Davenport, Greene, Greene, Smith & Davenport, Jacksonville, for appellants.

Frederick L. Rice, Stephen P. Smith, III, and Brent M. Turbow, Jacksonville, for appellees.


RAWLS, Acting Chief Judge.

The salient point posed by this appeal is: Did the trial judge abuse his discretion when he entered an order dismissing the cause for failure to diligently prosecute same. A subsidiary point is that the trial judge erred by not granting plaintiffs-appellants' motion to reinstate the cause.

Complaint was filed by plaintiffs (hereafter referred to as appellants) on March 10, 1971. After surviving a barrage of motions filed by defendants...

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