Luciano v. Service Machinery Corp.

THOMAS, ELWYN, Associate Judge.

The appellants as plaintiffs brought an action against the appellee for recovery of approximately $24,000 paid to the appellee on the purchase price of a specific type of dredge which the appellee was to manufacture. The summons in the main action and the writ of attachment in the ancillary proceeding were served simultaneously.

Two orders were eventually entered by the trial court. One dissolved the attachment; the other, entered on the appellants' *892motion for new trial, affirmed the order of dissolution and dismissed the main action. Both are brought to this…