MARSHALL, Judge.
The appellees filed a tort action against the appellant on September 7, 1976. Before service was effected in that action, the appellant filed a tort action against the appellees on October 26, 1976, based upon the same automobile collision as that of the appellees' action. Service was effected in the latter action on the same date as the filing. On November 19, 1976, service was effected in the appellees' action. The appellant appeals from the grant...
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