[Download] "Gulf Appliance Distributors v. Long Et Al." by Supreme Court of Florida * eBook PDF Kindle ePub Free
eBook details
- Title: Gulf Appliance Distributors v. Long Et Al.
- Author : Supreme Court of Florida
- Release Date : January 27, 1951
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
ROBERTS, Justice. We here review an order of the lower court refusing to reinstate a suit which had been previously dismissed upon motion of the defendant-appellee, Floyd B. Long. The facts are, briefly, as follows: The plaintiff-appellant filed its second amended bill of complaint on July 30, 1949, and the appellee filed a motion to dismiss same on August 19, 1949. On February 1, 1950, and pursuant to stipulation of counsel, the lower court entered an order allowing the withdrawal of counsel for the appellee and the substitution of other counsel, already in the cause as counsel for another defendant, to represent the appellee. Upon motion by appellee, an order of dismissal of the suit was entered on October 31, 1950, for plaintiff-appellant's failure to take affirmative action in the cause since the filing of appellee's motion to dismiss on August 19, 1949. This order was entered without notice to appellant and was not discovered by it until January 1951, when its counsel attempted to set down for hearing the appellee's motion to dismiss the bill. The appellant thereupon filed a petition for an order reinstating the cause, on the ground that the order substituting counsel for the appellee was ""an order in said cause affecting the parties thereto""; that such order had been entered less than a year prior to the date of the order of dismissal; and that the bill was, therefore, ""illegally"" dismissed.