Dade County v. Peachey

ON REHEARING GRANTED

Appellees’ petition for a rehearing was granted and rehearing was had upon ap-pellees’ ground that “the record does not support this Honorable Court’s statement that ‘In effect, the plaintiff simply refused to proceed with the case.’ ”

We acknowledge that no such direct statement by appellee appears in this record, and we think that the effect to be given to appellees’ action in the trial court is crucial for the determination of the appeal. The basis for the statement, which is questioned upon petition for rehearing, is appellees’ insistence before the trial judge that he…