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AM. SALVAGE & JOBBING CO., INC. v. SALOMON

Nos. 78-473, 78-1586.

367 So.2d 716 (1979)

AMERICAN SALVAGE AND JOBBING COMPANY, INC., a Florida Corporation, Appellant, v. Jacque SALOMON, Formerly D/B/a Sun Village Motel, and Sadie Salomon, Appellees.

District Court of Appeal of Florida, Third District.

February 20, 1979.

Attorney(s) appearing for the Case

Klein, Oshinsky & Solomon and Michael B. Solomon, Hallandale, for appellant.

Saks & Salomon and Warren M. Salomon, Miami, for appellees.

Before BARKDULL, HUBBART and SCHWARTZ, JJ.

SCHWARTZ, Judge.

On December 22, 1977, the trial judge granted the defendants' motion, filed on November 1, 1977, to dismiss the cause for lack of prosecution. The case was dismissed despite the fact that the plaintiff had filed and served interrogatories and had filed and noticed a hearing on a motion to compel answers to those interrogatories notwithstanding defendants' objections, all within one year prior to the filing of the motion to dismiss.

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