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BONO v. DUBREE

No. 76-1144.

350 So.2d 26 (1977)

Augusten BONO and Dorothy Bono, His Wife, Appellants, v. W. Norman DUBREE et al., Appellees.

District Court of Appeal of Florida, Fourth District.

September 20, 1977.

Attorney(s) appearing for the Case

John T. Christiansen of Sales & Christiansen, Palm Beach, for appellants.

Frank W. Weathers, Jr., and Jonathan D. Schumann of Weathers & Narkier, P.A., West Palm Beach, for appellees.

DAUKSCH, Judge.

On appeal is an Order of the trial court dismissing Plaintiff's cause of action because of Plaintiff's failure to comply with Fla.R.Civ.P. 1.260(a) by not moving for substitution of parties within ninety days of the filing of a suggestion of the death of the Defendant, W. Norman Dubree. The question of excusable neglect is a most troublesome area with which judges must deal. There are no guidelines for a trial judge to follow and in our perusal of...

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