PREFERRED EQUITIES CORPORATION v. ROSEN

No. 82-2157.

444 So.2d 52 (1984)

PREFERRED EQUITIES CORPORATION, Appellant, v. Steven M. ROSEN and Richard A. Katz, D/B/a Katz & Rosen, Attorneys at Law, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 13, 1984.


Attorney(s) appearing for the Case

Arthur L. Rothenberg, Miami, for appellant.

Wicker, Smith, Blomqvist, Tutan, O'Hara, McCoy, Graham & Lane, Richard A. Sherman, Miami, for appellees.

Before HUBBART, FERGUSON and JORGENSON, JJ.


PER CURIAM.

Rosen represented Preferred in an action to recover a brokerage commission. Preferred moved for a voluntary dismissal which was granted without prejudice. Six months later a new lawyer representing Preferred filed the same action which came before the same judge. The defendants moved for dismissal. After examining "the file herein, the file [from the complaint filed by Rosen]," reading memorandums of law and hearing oral argument, the trial court found...

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