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STATE v. ALLEN

No. 35785.

196 So.2d 745 (1967)

STATE of Florida ex rel. Alfred Gordon Poe and Doris V. Poe, His Wife, Relators, v. Honorable William P. ALLEN, As Chief Judge, and George T. Shannon, Woodle A. Liles, T. Frank Hobson, Jr., and William C. Pierce, As Judges of and Constituting the District Court of Appeal, Second District, State of Florida, and Howard E. Edwards, Respondents.

Supreme Court of Florida.

Rehearing Denied March 28, 1967.

Attorney(s) appearing for the Case

Mann, Harrison, Mann & Rowe, St. Petersburg, for relators.

Leslie D. Franklin, of Earle, Jones, Chambers & Franklin, St. Petersburg, for respondents.

DREW, Justice.

Rule nisi in prohibition has issued in this cause upon a petition controverting the jurisdiction of the respondent court in an appeal following a jury verdict for defendants in a negligence action by relators.

By motion to dismiss the appeal the relators, appellees, attacked the sufficiency of the notice of appeal, addressed to a concededly non-appealable1 order denying motion for new trial. The appellate court held...

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