Scarlett v. Frederick

This cause is before us on demurrer to petition and return to Rule Nisi in Prohibition.

The record shows that no action was taken in prosecution of the cause after April 1, 1935 until April 1, 1938, when defendant moved to dismiss under the provisions of Chapter 14554, Acts of 1929, Section 4218 (1) Perm. Supp. C. G. L. Section 1 of the Act provides:

"All actions at law or suits in equity pending in the several Courts of the State of Florida in which there shall not affirmatively appear from some action taken by the filing of pleadings, order of court, or otherwise, that the same is being…