Larybar, Inc. v. City of Miami Beach

These appeals from companion cases have been consolidated for all appellate purposes.

On February 14, 1967, the lower court, pursuant to Fla.Stat. § 45.19(1) (1965), F.S.A., entered orders of dismissal for failure to prosecute in both cases. These orders were recorded on February 16, 1967. See Fla.Stat. § 28.29(1) (1965), F.S.A.

On March 14, 1967, Larybar and M. R. L. filed petitions, respectively, for reinstatement pursuant to Fla.Stat. § 45.19(1) (1965), F.S.A. which provides that such petitions may be filed “by any party in interest within one (1) month after such order of dismissal.” The…