Leithauser v. Harrison

WALDEN, Chief Judge.

Plaintiffs, Charles H. Leithauser and George H. Leithauser et al., appeal from nineteen final judgments in favor of defendants, John H. Harrison et al. The judgments were entered following an order dismissing the cases for lack of prosecution pursuant to F.R.C.P. 1.35(e), now rule 1.420(e), 30 F.S.A.

Plaintiffs brought suit under the Blue Sky law. In their answer, defendants raised the affirmative defense of the two-year statute of limitations. Plaintiffs’ reply alleged that fraudulent conduct by defendants had tolled the running of the statute.

Defendants moved to strike…