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COX v. HOLDER

No. DD-224.

345 So.2d 846 (1977)

Charles Edward COX, a Minor, by and through His Mother, and Next Friend, Mrs. Willie Mae Cox, and Mrs. Willie Mae Cox, Individually, Appellants, v. Johnnie Delton HOLDER, Appellee.

District Court of Appeal of Florida, First District.

May 9, 1977.

Attorney(s) appearing for the Case

Thomas W. Davis, Barton & Cox, Gainesville, for appellants.

No appearance for appellee.

PER CURIAM.

This is an appeal from a sua sponte order dismissing appellants' action with prejudice because it appeared to the trial judge that appellants are estopped to sue. That issue was not raised either by motion or by pleading, and dismissal on that ground was improper. Fla.R.Civ.P. 1.110(d); Cortina v. Cortina, 98 So.2d 334 (Fla. 1957). Appellants' notice for trial and pending request for a trial date constituted record...

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