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METROPOLITAN TRANSIT AUTH. v. KANEVA

No. 77-1309.

351 So.2d 748 (1977)

METROPOLITAN TRANSIT AUTHORITY, a Political Subdivision of Dade County, Florida, Appellant, v. Vera KANEVA, Appellee.

District Court of Appeal of Florida, Third District.

November 8, 1977.

Attorney(s) appearing for the Case

Stuart L. Simon, County Atty. and John H. Moynahan, Jr., Asst. County Atty., for appellant.

Harold C. Culmer, Miami, for appellee.

Before BARKDULL, HAVERFIELD and NATHAN, JJ.

PER CURIAM.

Defendant, Dade County, appeals an order denying its motion to dismiss for failure to prosecute pursuant to Fla.R.Civ.P. 1.420(e).

A ruling on a motion for order of dismissal for failure to prosecute is subject to attack only on the ground that it constitutes and abuse of discretion and this burden must be borne by the losing party. Eli Einbinder, Inc. v. Miami Crystal Ice Co., 317 So.2d 126, 128 (Fla...

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