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O'NEAL v. MIDGETTE

No. 77-648.

356 So.2d 1261 (1978)

Jack Patrick O'NEAL, Personal Representative of the Estate of M.G. O'NEAL, Appellant, v. Doris W. MIDGETTE, Personal Representative of the Estate of H.J. Midgette and H.J. Midgette, Deceased, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 19, 1978.

Attorney(s) appearing for the Case

Burton E. Burdick of Burdick & Donahoe, Fort Lauderdale, for appellant.

Milton R. Adkins of Pallot, Stern, Proby & Adkins, Miami, for appellees.

GRIMES, Judge.

This is an appeal from an order dismissing a suit against a decedent and his estate for failure to prosecute under Fla.R.Civ.P. 1.420(e) and for failure to move to substitute for a party defendant under Fla.R. Civ.P. 1.260(a)(1) following the suggestion of his death.

M.G. O'Neal filed a complaint against H.J. Midgette and others for declaratory judgment and injunctive relief to prevent the defendants from interfering with O'Neal's alleged rights...

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