ADAMS ENGINEERING CO. v. CONSTRUCTION PRODUCTS CORP.

No. 31943.

156 So.2d 497 (1963)

ADAMS ENGINEERING COMPANY, Inc., Petitioner, v. CONSTRUCTION PRODUCTS CORPORATION, Aluminum Industries, Inc., Weather Products, Inc., and Aluminum Hardware Corporation, Respondents.

Supreme Court of Florida.

On Rehearing September 18, 1963.


Attorney(s) appearing for the Case

Blackwell, Walker & Gray and Clemen J. Ehrlich, Miami, for petitioner.

Sibley, Grusmark, Giblin, King & Levenson and James Lawrence King, Miami Beach, for Construction Products Corporation, Aluminum Industries, Inc.

Charles H. Spooner, Coral Gables, for Weather Products, Inc.


DREW, Justice.

The district court in this cause reversed an order of the trial court denying a motion to dismiss for lack of prosecution under F.S. Section 45.19, F.S.A.1

The opinion,2 which contains a full recital of the proceedings at bar, states as grounds for reversal that "The activity on the part of the appellant in asking the clerk [within the year's limitation period] to set the cause on the...

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