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IV T1iF. DISTRICT COURT OF APPEAL OP THE STATF, OF FLORIDA
FOURTf! DISTRICT JANUARY TERM 1981
F LOR I nA EAST COAST RAI LWAY TiL T~ME EXpt~
NOT F1NA~ UN
CO,~IPANY, "I'O FrL~ R~H~RiS~~OF•N
Appel lant, A13U,1F FILED, D
Case yo. 79-870.
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JACK A. RUSSELL and CARMEN
VALLARTA RUSSEC,L, his wife,
Appellees. ~
Opinion f iled May 13, 1981
Appeal from the Circuit Court for
St. Lucie County; Philip G. Nourse, ~ `
Judge.
Kenneth L. Ryskamp of Goodwin, Ryskamp,.
Welcher & Carrier, P.A., Miami, and
Jones & Foster, P.A., Vero Beach, for ~
appellant.
Edna L.~Caruso, and Montgomery, Lytal,
Reiter, Denney & Searcy, P.A., West - ~
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Palm Beach, for appellees. '
MOORE, J.
In this negligence action the appellant, Florida East
Coast Railway, appeals a final~judgment, entere8 upon a jury
verdict, awarding damages to the appellees, Jack Russell and his ~
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, wife. Although the appella~it raises several points on apoeal,
;
only one of them merits discussion. The~others were either
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~ waived by failure to object at the trial level or they are with-
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{
~ ' out merit.
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; The appellant contends that this action should have been ~
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r dismissed for failure to prasecute pursuant to Fla. R. Civ. P.-
F 1.420(e): We disagree and affirm. ~
RussPll was ser~ously injured in December, 1973, when
the truck he was driving was struck by one of apoellant's trains
. at a pr-ivate crossing on the property of his employer. His
original complaint was voluntarily dismisseci when his attorn~y,
A1 Frier, became ill at trial. The action was reinstituted in
~une, 1977 against the railway and its employee who operated the
train.~ Althouqh the names of attorneys C.R. McDonald and A1
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~~GE ~
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