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THOMAS v. PERSONAL REP. OF ESTATE OF DeLOACH

No. VV-55.

400 So.2d 204 (1981)

Gerald L. THOMAS, Jr., Appellant, v. PERSONAL REPRESENTATIVE OF the ESTATE OF Leo Z. DeLOACH, Sr., Deceased; Leo Z. DeLoach, Jr., As Heir at Law of Leo Z. DeLoach, Sr., Deceased; and General Accident Fire and Life Assurance Corporation, Ltd., an Insurance Corporation, Appellees.

District Court of Appeal of Florida, First District.

July 1, 1981.

Attorney(s) appearing for the Case

G. Frank Godfrey of Wood, Godfrey & Callin, P.A., Jacksonville, for appellant.

Stephen E. Day and Harris B. Brown of Mathews, Osborne, Ehrlich, McNatt, Gobelman & Cobb, Jacksonville, for appellees.

PER CURIAM.

Thomas appeals the dismissal of his complaint for failure to prosecute. We reverse and remand.

On October 20, 1978, Thomas filed a complaint against DeLoach's estate alleging DeLoach had negligently operated a vehicle thereby injuring Thomas. The defendant, General Accident Fire and Life Assurance Corporation (General), moved to dismiss the complaint on March 7, 1979. On March 21, 1979, the court entered a Notice of Trial and on May 9, 1979, the...

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