KUHLMAN v. TRAVELERS INDEM. CO.

No. 76-823.

344 So.2d 941 (1977)

Jeanette KUHLMAN and Kenneth Kuhlman, Appellants, v. TRAVELERS INDEMNITY COMPANY, a Connecticut Corporation, and Linda Rish, Appellees.

District Court of Appeal of Florida, Third District.

April 19, 1977.


Attorney(s) appearing for the Case

Kuvin, Klingensmith & Lewis, Miami, for appellants.

G.W. O'Grady, Gene Flinn, Miami, for appellees.

Before PEARSON and BARKDULL, JJ., and CHARLES CARROLL (Ret.), Associate Judge.


PEARSON, Judge.

This appeal is by the plaintiffs from an order dismissing their cause when their attorney failed to be present at the time of the call of the trial calendar, and from a subsequent order denying plaintiffs' motion to reinstate the cause. We hold that the trial court abused its discretion in failing to reinstate the cause when it was established without controversy that the attorney's failure to respond to the call was through misunderstanding and inadvertence...

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