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ESTATE OF KERNAN v. GIFFORD

No. AM-268.

426 So.2d 1141 (1983)

The ESTATE OF Ruby J. KERNAN, Deceased, Appellant, v. Clarence H. GIFFORD, Jr., and Norma Balcom, Appellees.

District Court of Appeal of Florida, First District.

February 8, 1983.

Attorney(s) appearing for the Case

Lloyd T. Asbury of O'Donnell & Asbury, Jacksonville, for appellant.

Kenneth G. Anderson and Clarence F. Frazier, Jacksonville, for appellees.

MILLS, Judge.

The Estate's personal representative appeals an order dismissing an action filed by Kernan for failure to prosecute. We reverse.

The motion to dismiss was filed on 31 December 1981. A review of the record reveals considerable activity during 1981. A deposition was taken and filed, interrogatories were answered, numerous depositions were noticed or rescheduled, a successor personal representative was named, and commissioners to take out-of-state...

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