Prestress Erectors, Inc. v. James Talcott, Inc.

CARROLL, Judge.

The appellant Prestress Erectors, Inc., a Florida corporation, sued James Talcott, Inc., a New York corporation, in an action ex contractu in the circuit court of Dade County. After certain pleadings and discovery proceedings, the cause was set for jury trial September 22, 1969, by an order dated June 18, 1969.

On September 15, 1969, the defendant moved to dismiss the action, charging failure of the plaintiff corporation to pay its capital stock tax and that by reason thereof the corporation had been dissolved by proclamation of the Governor. The motion to dismiss was supported…