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IN THE CIRCUIT COURT OF THE 19TH ;
JUDICIAL CIRCUIT IN AND FOR SAINT
LUCIE COUNTY, FLORIDA.
CASE NO. 70-218-CA
IN RE: The Marriage of .
BRUCE P. CENTER, Husband .
and •
~
PATRICIA M. CENTER, Wife .
~ OPINION AND ORDER
A FINAL JUDGMENT dissolving the marriage between the pa~-ties
hereto was entered by the Court on May 21, 1970. A written Separation
Agreement, admitted into evidence at the final hearing, was incorporated
by reference in the Final Judgment and parties ordered to comply with the
provisions thereof. Subsequently, on February 26, 1973, the Wife filed
a petition to set aside the Separation Agreement. On March 16, 1973, the
Husband moved to dismiss this petition for failure to state a cause of action
and upon other grounds. A notice of hearing was filed on April 5, 1973, by
the Wife's attorney, calling up for hearing Husband's motion to dismiss be-
~ fore Judge Wallace Sample on April 13,1973. There is no indication in the
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file that this hearing was held, however, on April 18, 1973, a letter was filed
from the Honorable D. C. Smith, Chief Judge of the Nineteenth Judicial Cir-
Cuit, advising that Judge Sample had disqualified himself and instructing the
clerk to re-assign the case to Judge C. Pfeiffer Trowbridge. Nothing further
appears in the file until April 19, 1974, one year and one day later, when the .
Husband's attorney filed his Motion to Dismiss for lack of prosecution. The
Motion w D~smiss for lack of prosecution was heard by Judge James E. Alder-
~ man on April 24, 1974. Subsequent thereto, pursuant to stipulation, both
parties have filed affidavits and memorandums.
The Wife concedes that no action had been taken by filing of pleadings,
order of the Court, or otherwise for a period in excess cf one year, however,
she contends she has shown good cause why the action should remain pending.
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