THORNAL, Justice.
Appellant Jones, who was defendant below, seeks reversal of a summary judgment entered in favor of the appellee in a statutory proceeding brought pursuant to Chapter 26949, Laws of Florida 1951, Section 742.011 et seq., Florida Statutes 1955, F.S.A.
The point for determination is the correctness of the order of the trial judge striking appellant's counter-affidavit contesting the summary judgment in view of appellant's refusal to testify...
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