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GAULDEN v. GAY

47 So.2d 580 (1950)

GAULDEN v. GAY, Comptroller.

Supreme Court of Florida, en Banc.

July 25, 1950.

Attorney(s) appearing for the Case

L.S. Gaulden, J. William Norman, West Palm Beach, J. Tom Watson, Tampa, and Sumter Leitner, Tallahassee, for appellant.

Richard W. Ervin, Attorney General, Fred M. Burns and Mallory H. Horton, Assistant Attorneys General and Phil D. O'Connell, State Attorney, West Palm Beach, for appellee.

HOBSON, Justice.

This appeal is from an order entered by Honorable Jos. S. White as Circuit Judge, in which order the Bill of Complaint filed by the appellant (as plaintiff below) was dismissed without prejudice. Petition for rehearing was filed and after a hearing and arguments Judge White entered the following order, in which he expressed his opinion:

"This cause was heard after due notice upon plaintiff's petition for rehearing, and argument of counsel...

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