ANDERSON v. ZARTA

No. 75-1327.

330 So.2d 545 (1976)

Kenneth E. ANDERSON and Monica T. Anderson, Appellants, v. William J. ZARTA and Tomas J. Zarta, d/b/a Zarta and Son Painting Contractors, Appellees.

District Court of Appeal of Florida, Fourth District.

April 23, 1976.


Attorney(s) appearing for the Case

George E. Gleason of Sullivan, Cockran, Ranaghan, Bailey & Gleason, Pompano Beach, for appellants.

John Daniel Nyce, Fort Lauderdale, for appellees.


PER CURIAM.

This action was properly dismissed for lack of prosecution under F.R.C.P. 1.420(e). Plaintiffs did not appear at the hearing and did not show good cause in writing why the action should remain pending at least five days prior to the hearing.

Thereafter, plaintiffs moved, with an unverified pleading, to set aside the order and dismissal saying that while the notice of hearing was received by plaintiffs' law firm, the particular lawyer handling the...

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