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WILLIAMS v. COTTON

No. CC-273.

346 So.2d 1039 (1977)

Joseph WILLIAMS and Horace Mann Mutual Insurance Company, a Foreign Corporation, Appellants, v. Charles James COTTON, a Minor, by His Mother and Next Friend, Lucille Cotton, and Lucille Cotton, Individually, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied June 30, 1977.

Attorney(s) appearing for the Case

Davisson F. Dunlap, Jr., Pennington, Wilkinson & Sauls, Tallahassee, for appellants.

Harold E. Regan, M. Howard Williams, Tallahassee, for appellees.

DREW, E. HARRIS (Ret.), Associate Judge.

Plaintiffs, on being called for trial on an amended complaint charging negligence, announced on the record in open court a voluntary dismissal pursuant to Rule 1.420(a), F.C.P.R., whereupon the cause was dismissed by order of the trial court. Shortly thereafter, a second suit was filed sounding in negligence. Defendants, Williams and his insurance carrier, filed a joint answer generally...

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