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BISCAYNE CONST. CO v. METRO. DADE CTY.

No. 79-2263.

388 So.2d 329 (1980)

BISCAYNE CONSTRUCTION COMPANY, Appellant, v. METROPOLITAN DADE COUNTY, Dr. David Thornburgh, Walter G. Roggles and Roy C. Hosford, Appellees.

District Court of Appeal of Florida, Third District.

September 23, 1980.

Attorney(s) appearing for the Case

Goethel & Garcia-Vidal and Richard Karl Goethel, Coral Gables, for appellant.

Robert A. Ginsburg, County Atty. and Thomas Goldstein, Asst. County Atty., Joseph Teichman, Hollywood, for appellees.

Before HUBBART, BASKIN, and DANIEL S. PEARSON, JJ.

DANIEL S. PEARSON, Judge.

We reverse the order of the trial court which dismissed for lack of prosecution Biscayne Construction Company's complaint and Dr. Thornburgh's permissive counterclaim against Biscayne upon a holding that (1) where during the year preceding the filing of the motion to dismiss, Biscayne procured the issuance of a pluries summons to a prospective third-party defendant which Biscayne, with leave of court, sought to join in defense of Thornburgh...

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