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MacNEILL v. MARKS

61 So.2d 648 (1952)

MacNEILL v. MARKS et ux.

Supreme Court of Florida, Division A.

Rehearing Denied October 14, 1952.

Attorney(s) appearing for the Case

Taylor, Burr & Creel and Joe Creel, Miami, for appellant.

Kanter & Marks, Miami, and Bart L. Cohen, Tallahassee, for appellees.

TERRELL, Justice.

After the appeal in this case was perfected appellees moved seasonably to dismiss because costs assessed against appellant in the final decree, dated April 3, 1952, were not paid. The pertinent statute is Section 59.09, F.S.A., as amended by Chapter 22854, Acts of 1945, as follows:

"No appeal may be taken by the original plaintiff in any suit or proceeding until he shall pay all costs which have accrued, in or about the suit, up to the time...

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