WARNER v. WINNER

No. 83-1955.

450 So.2d 878 (1984)

Harold K. WARNER, As Personal Representative of the Estate of Mary Ruth Bangert, Deceased, Appellant, v. M.L. WINNER, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 15, 1984.


Attorney(s) appearing for the Case

Thomas J. Dowdell, III, Marathon, for appellant.

Steven D. Tishler, Miami, for appellee.

Before HENDRY, BASKIN and JORGENSON, JJ.


PER CURIAM.

This suit on a promissory note was filed against appellee on March 6, 1978 in the Circuit Court of Monroe County, Florida. The controlling point on appeal is whether the trial court erred in dismissing this cause of action for want of prosecution.

On July 9, 1979, appellee's pleadings were stricken and a default was entered against him. A non-jury trial was held on March 5, 1980. The appellant was not able to produce the promissory note so the...

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