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SWANN v. SHAMROCK ENGINEERING

No. 87-1142.

521 So.2d 361 (1988)

Richard R. SWANN, Trustee, Appellant, v. SHAMROCK ENGINEERING and Post, Buckley, Schuh and Jernigan, Inc., Appellees.

District Court of Appeal of Florida, Fifth District.

March 10, 1988.

Attorney(s) appearing for the Case

Edmund T. Baxa, Jr., of Swann & Haddock, P.A., Orlando, for appellant.

James C. Mize, Jr., of Bull & Mize, Orlando, for appellee Shamrock Engineering, Inc.

John C. Briggs of Fisher, Rushmer, Werrenrath, Keiner, Wack & Dickson, P.A., Orlando, for appellee Post, Buckley, Schuh and Jernigan, Inc.

DAUKSCH, Judge.

This is an appeal from an order of dismissal for failure to prosecute. Fla.R. Civ.P. 1.420(e). We reverse.

The trial judge, not the one who signed the order on appeal, ordered that "the Motion for Separate Trials ... is hereby granted. Once the Plaintiffs' case in chief has been concluded, the parties may subsequently notice the cross-claims and third party claim/s for trial." It is the dismissal for failure to prosecute these cross-claims...

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