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KANDELL v. PATTEN

Nos. 78-1228, 78-1766.

375 So.2d 356 (1979)

Karl A. KANDELL, Kandell Construction Corporation, a Florida Corporation, Universal Profile, Inc., a Florida Corporation, Karl A. Kandell Associates, Inc., a Florida Corporation, Martin County Little Club, Inc., a Florida Corporation, Almont Properties, Inc., a Florida Corporation, Development Leasing Inc., a Florida Corporation, First Professional Real Estate Corporation, a Florida Corporation, Appellants, v. Frank PATTEN, Appellee. Frank PATTEN, Appellant, v. Karl A. KANDELL, Kandell Construction Corporation, a Florida Corporation, Universal Profile, Inc., a Florida Corporation, Karl A. Kandell Associates, Inc., a Florida Corporation, Martin County Little Club, Inc., a Florida Corporation, Almont Properties, Inc., a Florida Corporation, Development Leasing, Inc., a Florida Corporation, First Professional Real Estate Corporation, a Florida Corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

October 3, 1979.

Attorney(s) appearing for the Case

Edna L. Caruso, P.A., and Richard D. Schuler, of Schuler & Wilkerson, West Palm Beach, and W. Pitts Carr, Atlanta, Ga., for appellants in Case No. 78-1228 and appellees in Case No. 78-1766.

Martha C. Warner, of McRoberts, Warner & Fox, Chartered, Stuart, for appellee in Case No. 78-1228 and appellants in Case No. 78-1766.

DOWNEY, Chief Judge.

These are consolidated appeals to review two orders, (1) reinstating appellant's suit which had been dismissed for lack of prosecution, and (2) a subsequent order again dismissing appellant's suit for lack of prosecution.

Frank Patten sued Karl Kandell, Kandell Construction Corporation, and a number of other corporations allegedly controlled by Karl Kandell. The complaint was cast in three counts. Count I was based upon a promissory note...

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