BOEING CO. v. MERCHANT

No. 79-388.

397 So.2d 399 (1981)

The BOEING COMPANY, a Foreign Corporation, Appellant, v. Jessee David MERCHANT and Flora Merchant, His Wife, Appellees.

District Court of Appeal of Florida, Fifth District.

April 22, 1981.


Attorney(s) appearing for the Case

James E. Glatt, Jr., of Gurney, Gurney & Handley, P.A., Orlando, for appellant.

Karl O. Koepke of Whitaker & Koepke, Orlando, for appellees.


ORFINGER, Judge.

Appellant was successful in obtaining an order dismissing the cause for lack of prosecution.1 Appellees filed a motion for rehearing which was heard by another judge who determined that the first order was incorrect, so the motion for rehearing was granted, the first order was vacated, and the motion to dismiss for lack of prosecution was denied.

In this appeal from the non-final order, appellant contends that...

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