BERG v. NEW YORK LIFE INSURANCE COMPANY


81 So.2d 630 (1955)

Elsa BERG, Appellant, v. NEW YORK LIFE INSURANCE COMPANY, a New York corporation, et al., Appellees.

Supreme Court of Florida. Division A.

July 15, 1955.


Attorney(s) appearing for the Case

Roland W. Granat, Miami Beach, and Truett & Watkins, Tallahassee, for appellant.

Shutts, Bowen, Simmons, Prevatt & Julian, Miami, for appellees.


SEBRING, Justice.

Elsa Berg, the plaintiff below, appealed from a final decree entered in favor of the defendant. After the appeal was taken the defendant filed its motion to dismiss the appeal on the ground that the plaintiff had not paid the costs duly assessed in the lower court, as a condition precedent to taking the appeal. On hearing, the motion to dismiss was denied and an order was entered accordingly. Subsequently, a petition for rehearing was granted and...

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