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IN THE CIRCUIT COURT OF THE
NINETEENTH JUDICIAL CIRCUIT,
IN AND FOR SAINT LUCIE COUNTY,
FLORIDA. CIVIL ACTION. s
GASE NO. 77-270CA ~
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JACK A. RUSSELL and ) . #
CARMEN VALLARTA RUSSELL, ~
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Plaintiffs.
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v. ~ ORDER
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FLORIDA EAST COAST RAILROAD
COMPANY, a Florida corporation, )
and RAYMOND A. PONSELL,
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Defendants. #
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This cause came on to be heard October 10, 2978, upon the
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Defendant's Motion of Dismiss based,upon nonactivity of record ~
for a period of one year. More than five days prior to the ~
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hearing Plaintiffs' counsel filed a"Motion to Show Good Cause
in Writing Why the Action Should Remain Pending." ~
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' This cause of action has a long history of delay beginning
in case number 74-981 which was ultimately nonsuited after
numerous trial continuances. The present refiled action has .
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~ also suffered from a lack of diligent prosecution. It was almost ~
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; dismissed in the annual clearance of casea by the Court but was
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~ removed from the list at the last moment under the informal pro- ~
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cedures utilized in this Circuit. ~
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All of this would appear to make the case a prime example ~
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for dismissal.
The problem, however, is that the showing made by recently
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obtained new counsel for the Plaintiffs discloses that their ~
original counsel has been suffering from mental problems over ~
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the years so great that he has now abandoned his law practice ~
and his whereabouts are unknown. The Plaintiffs were unaware of
~ this condition of their attorne until the attorne 's wife directed
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them to new counsel.
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